HYDERABAD, Nov 28: A division bench of Sindh High Court (SHC) Hyderabad circuit here on Tuesday dismissed a constitutional petition challenging the notification issued in August 1992 appointing eight deputy or assistant directors of Labour department as commissioners for workers’ compensation in Sindh.

The notification was challenged through a constitutional petition filed by manager of Habib Sugar Mills Nawabshah, who was represented by a Karachi-based lawyer Mehmood Abdul Ghani.

The petitioner cited Commissioner Workmen’s Compensation and Authority under Payment of Wages Act, Bashir Ahmed, and secretary labour as respondents.

The SHC bench comprising Justice Sabihuddin Ahmed and Justice Sarmad Jalal Osmany dismissed the petition with reasons to be recorded later.

Resuming his arguments and referring to section 20 of Workmen’s Compensation Act 1923 (Appointment of Commissioners), Mr Gahni said that there had to be a qualification for the commissioners because they were supposed to perform judicial functions and anybody without a law degree was not able to perform this duty properly.

Referring to a judgment of Supreme Court of Pakistan and another of Supreme Court of India, he argued that functions of respondent no-1 were judicial in nature and only a judicial officer could perform them as the institutions of Commissioner for Workmen’s Compensation and Authority under Payment of Wages Act were courts of law therefore no official from labour department who was neither a LLB nor did he know law could act as a judicial officer.