LAHORE: Justice Sajid Mehmood Sethi of the Lahore High Court on Monday upheld a decision of a labour court and ordered a coal mining company to pay compensation to its worker suffering from such lung diseases which were not covered under Workman Compensation Act 1923. The judge announced the verdict reserved on November 9, 2017. The management of a coal mine firm M/s Zephyr Limited had challenged the decision of the labour court, pleading that compensation could not given to the worker as the disease he had been suffering from was not covered under the law. The labour court had ordered the company to pay Rs 100,000 as compensation to its worker suffering from lung disease pulmonary koch. The petitioner’s counsel pleaded that labour court had passed the order without giving the petitioner company an opportunity of hearing and secondly the disease of pulmonary koch was not covered under the schedule of Worker Compensation Act 1923. Advocate Sheraz Zaka appointed as amicus curiae (friend of court) argued that that Workman Compensation Act, 1923, included the disease of silicosis regarding a lungs disease, but pulmonary kock with which worker were suffering was not included in the third schedule of the act, although both diseases silicosis and pulmonary kock were similar in nature. He said that the pulmonary koch was a serious disease of lungs from which coal mines workers suffered and should be included in the act but currently the government had not provided the pulmonary kock disease in the schedule of the act to provide them medical cover. Sheraz Zaka submitted that court should pass an order to include pulmonary koch disease in the schedule of worker compensation act 1923. He also said that the worker compensation Act 1923 was also not implemented in letter and spirit. The provincial government counsel also argued that had the discretion and power to direct the government to include pulmonary koch disease in the schedule as majority of the workers in coal mine suffer from either silicosis or pulmonary koch. Justice Sajid Mahmood Sethi dismissed the petition and upheld the decision of the labour court, which required the petitioner-company to pay compensation to the worker. Chief Justice of Lahore High Court Syed Mansoor Ali Shah on Monday declared unconstitutional the interference of Punjab Overseas Pakistani Commission in civil and criminal nature cases pending before courts. The chief justice observed that the commission could not work parallel to the judicial proceedings pending before courts. The chief justice held that the commission could not assume jurisdiction of court. The chief justice passed the order while allowing 11 petitions filed by various persons against the alleged illegal proceedings of the commission against them regarding disputes already pending before different courts. The petitioners’ counsel said that the overseas commission had been violating laws by taking up complaints pertained to property disputes which were already sub-judice before courts. He alleged that the commission with the help of police also made arrests and evacuated properties. He pleaded that the commission was not authorised to take such drastic steps. He requested the LHC to restraint the commission from interfering in property matters. An additional advocate general while opposing these petitions said Punjab Overseas Pakistani Commission Act, 2014 was in fact introduced to protect the rights of the citizens living abroad. He said that the commission was supposed to protect properties of citizens living outside the country and there was no illegality in commission working. He requested to reject these petitions as against the law. Additional advocate general Anwaar Hussain while opposing these petitions said that the commission was supposed to protect properties of citizens living outside the country. He said that there was no illegality. Punjab Overseas Pakistani Commission Act, 2014 was in fact introduced to protect the rights of the citizens living abroad, he said. Published in Daily Times, January 23rd 2018.