Mst. Mukhtaran (Petitioner) VS Province Of Sindh & Others (Respondent)

IN THE HIGH COURT OF SINDH, CIRCUIT

COURT, HYDERABAD.

C.P No.S-917 of 2019

Petitioner : None for the petitioner.

Date of Order : 01.11.2021

ORDER

ADNAN-UL-KARIM MEMON, J:- Through instant petition, the petitioner is seeking a declaration to the effect that the act of respondents is illegal, void, and without lawful authority, he also seeks direction to the respondents to release the amount of Rs.5,00,000/- [Rupees Five Lac] owed by her deceased husband in her favor.

The case of the petitioner is that her husband namely Shahadat Ali had been serving in Dewan Mushtaq Textile Mills Limited since 11.5.1999 as Cheeker at Anti-Cone, department and he died during service on 22.4.2017. Petitioner approached the respondent-company for compensation of Rs.5,00,000/ as per policy of the company; however, the said right was denied to her, compelling her to approach the Commissioner Workmen Compensation and Authority under the Payment of Wages Act, Hyderabad; however, no heed was paid to her compelling her to approach Deputy Commissioner Hyderabad, for recovery of amount as arrears of Land Revenue Act, 1967, but nothing could be done, hence this petition.

The matter was posted on 24.1.2020, when nobody bothered to come forward to comply with office objections, and since then this matter is unattended. Today no one is present for the petitioner and no intimation is received. It appears from the record that after filing of this petition, the petitioner and her counsel have chosen to remain absent; therefore, I have gone through the record as available before me and did not find any merit as prima facie the petition in hand is not maintainable on the premise that the petitioner has a remedy before the Commissioner Workmen Compensation and Authority under the Payment of Wages Act for execution of the directives dated 12.9.2018 under the law.

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In view of the above, this petition stands dismissed with no order as to costs leaving the petitioner to avail her remedy before the Competent Forum under law.

JUDGE

*Hafiz Fahad*