MUHAMMAD BAKHSH vs MUHAMMAD JAN and 2 others
This petition for leave to appeal challenged a Lahore High Court judgment that dismissed a revision petition concerning the entitlement to a deceased miner's 'miner book'. The dispute arose between two nephews of the deceased, Fazal Ilahi, regarding the right to hold the miner book under the Salt Miner Service and Conduct Regulation, 1976. The core legal question concerned the proper interpretation of the rules governing the transfer of such books upon a miner's death, specifically when competing claimants are of the same degree of relationship. The Appellate and Revisional Courts had determined that the petitioner was ineligible because he was in Government service at the time the cause of action arose, and that the trial court had incorrectly assumed the respondent possessed another miner book. The Supreme Court found no legal error or infirmity in the lower courts' judgments. Consequently, the Court held that the lower courts correctly applied the regulations, affirming the respondent's entitlement, and dismissed the petition for leave to appeal.
- Does the possession of a miner book by a cousin disqualify a nephew from inheriting a deceased miner's book under the Salt Miner Service and Conduct Regulation, 1976?
- Is a person in Government service eligible to hold a miner book under the Salt Miner Service and Conduct Regulation, 1976?
- What is the order of succession for a miner book upon the death of a miner under the Salt Miner Service and Conduct Regulation, 1976?
- Rule 4, Salt Miner Service and Conduct Regulation, 1976
' MUHAMMAD RAF1Q TARAR, J. ---Muhammad Bakhsh petitioner seeks leave to appeal against the judgment of a learned Single Judge of the Lahore High Court dated 25-4-1993 whereby his revision petition against the judgment and decree passed by the learned District Judge was dismissed. The finding of the Civil Court that the petitioner herein was entitled to hold the miner book of Fazal Ilahi deceased was reversed in appeal by the learned District Judge who found the respondent entitled to hold the same.
2. Rule 4 of the Salt Miner Service and Conduct Regulation, 1976 governs the transfer of the miner book. The relevant provision is reproduced below:-- "(i) ........
(ii) On the death of a Miner his book shall be given to one of the following relations in the order named provided the man is able-bodied, of good character and capable of working in the mine;
(a) .....
(b) .....
(c) a brother who does not possess a book of his own and who undertakes with the widow's concurrence to support the deceased miner's family; (d)
(e)
(f) a nephew on the condition mentioned in (c) above."
There is no dispute that the petitioner and respondent No,1 are nephews of Fazal Ilahi deceased miner in the same degree. The learned Appellate and Revisional Courts held that the cause of action had arisen on the death of deceased miner Fazal Ilahi when the petitioner was admittedly in Government service, therefore, it was not proper exercise of jurisdiction to transfer the miner book to him ignoring respondent No,1. It was further observed that the impression gained by the trial Court that there was another miner book in the family of Muhammad Jan respondent was not correct as the admitted position was that the other miner book was owned by Muhammad Hanif a cousin of both the parties. The learned counsel for the petitioner has not been able to point out any infirmity or legal error in the impugned judgments justifying interference by this Court. This petition is, therefore, dismissed.