Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)-------Preamble, Ss.3, 10-C & 20---Constitution of Pakistan, Art.199---Constitutional petition---Death of employee---Application for compensation---Locus standi of Commissioner of Workmen's Compensation---Delay in filing application for compensation---Condonation of---Employee having died during duty in a road accident, his widow filed application for getting compensation---Said application was entertained, delay in filing said application was also condoned---Employer-Company, instead of contesting the case before Commissioner, filed constitutional petition before High Court with the prayer of writ of quo warranto and that of mandamus against respondents---Contention of petitioner was that one respondent/Director Indutries and Labour had not shown his locus standi to work as Compensation Commissioner---Petitioner had further prayed that orders for condoning the delay in filing the application for compensation be set aside---Validity---Notification dated 1-12-1988 placed on record had stated that Director Labour had been appointed as Commissioner for the purpose of Workmen's Compensation Act, 1923---Section 10(1) of Workmen's Compensation Act, 1923, had empowered the Compensation Commissioner to entertain and decide any claim for compensation in any case---Commissioner, in circumstances, was empowered to entertain any claim filed after time, if he was satisfied that there was sufficient cause---Delay in filing application had been fully explained by the applicant/widow of the deceased---Workmen's Compensation Act, 1923 was a special enactment and intent and purpose of said enactments was to provide speedy relief to the aggrieved persons; and if such practice through constitutional petition was allowed, the poor would never get their rights because they could not afford the expenses of lengthy litigation---Courts could not allow the top notches of the corporation/companies to satisfy their ego by incurring heavy expenses in litigation instead of paying compensation to the poor widows for the services of her late husband---Matters of compensation required special attention for speedy disposal---Commissioner was…

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