NAZMA BEGUM Versus COMMISSIONER, WORKMEN'S COMPENSATION AND AUTHORITY UNDER THE PAYMENT OF WAGES ACT, SUKKUR

DECISION

This appeal from the Order of the Commissioner, Workmen's Compensation, dated 12‑1‑1992, briefly stated, has arisen in the following circumstances:‑

2. One Azam Shah Khan, who was working at the Associated Cement (Rohri) Ltd., expired on 19‑11‑1990. The management of the mill sent Cheque No. 405869, dated 4‑12‑1991 for Rs.1,14,033.52 (One lac fourteen thousand thirty‑three and paisas fifty‑two only) being the dues of the late Azam Shah Khan to the Commissioner Workmen's Compensation and Authority under the Payment of Wages Act, Sukkur to pay the same to the heirs according to law. The management also gave the names of the legal heirs viz. Jamal Shah Khan, Mehboob Shah Khan and Mst. Nazma, the second wife, who had two minor sons from the marriage with the deceased.

3. It appears that in spite of this information the learned Commissioner did not issue any notice to the widow and her minor children and awarded the cheque amount to Jamal Shah Khan and Mehboob Shah Khan only, who were the nominees of the deceased Azam Shah Khan on the record of the company.

4. The cheque had been sent to the learned Commissioner to be distributed to the heirs i.e. dependants according to law. The "dependants", according to the definition as found under the Workmen's Compensation Act means any of the following relatives of the deceased workman namely (1) Widow, (2) minor legitimate son and unmarried legitimate daughter or (3) a widowed mother etc. etc.

5. The document in question appears to have been executed at the inception of the employment and remained as such. It transpires that only two sons had been made nominees therein but looking to the state of law as under the Workmen's Compensation Act and moreso now under the `Shariah' all the legal heirs had to get their due shares under the `Muslim Law'.

6. The learned Commissioner should have issued notice to Mst. Nazma whose name could be found from the letter of the Associated Cement (Rohri) Limited. What was more, he should have realised with that an appeal could be preferred against his order by any aggrieved party within a period of 60 days. But he distributed the amount of the cheque only to the two nominees, before the period of appeal had expired. This was hardly warranted and a copy of the order will be sent to the Director Labour Sindh at Karachi and the Joint Director, Labour, Sukkur as such a practice can entail a lot of misery and unnecessary litigation to the other heirs who may not be made `Nominees'.

7. On the last hearing Mahboob Shah Khan was in attendance and had undertaken to distribute the shares of other heirs who are Mst. Mama, his stepmother, and two minor brothers namely Mehfooz Shah Khan and Manzoor Shah Khan. No objection has been filed even today. The amount of Rs.1,14,033.52, under the circumstances, will be distributed as follows:‑

"Mst. Nazma Begum widow will get 1/8th of this amount i.e. Rs.14,254 and the remaining money will be distributed between the four sons in equal shares i.e. Rs.24,944.88 each.

As the children of Nazma Begum are minor Mst. Nazma Begum as their natural guardian, will receive her own share of Rs.14,254 and also the shares of Rs.24,944.88 each i.e. Rs.49,889.76 on behalf of her minor sons.

8. The Commissioner Workmen's Compensation, Sukkur, is directed to recover the shares amount of Mst. Nazma Begum and her two minor sons from Mehboob Shah Khan and Jamal Shah Khan and thereafter pay the recovered amount to Nazma Begum after due verification, as indicated, within 3 months.

9. The impugned order is modified accordingly.

H.B.T./2047/Lb.S Order accordingly.