Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923),Sch. 11, cl. (ii)-Includes all persons, whether technical hands or not, who are not employed in clerical capacity-Peon with a pay of Rs. 50 p. m.-Workman. Other condition, being satisfied all employees are inten­ded to fall within the ambit of clause (ii) of Schedule II unless they are employed in a clerical capacity. Had the intention of the Legislature been that the second clause of Schedule II was to apply only to technical workers as distinct from non-techni­cal ones, one would have found that intention expressed in words. Abdur Rashid (employed as peon by defendant) deceased fell within the ambit of clause (ii) of Schedule II of the Workmen's Compensation Act and as his salary was Rs. 50 a month he was a workman within the meaning of the expres­sion as used in that Act. (b) Workmen's Compensation Act (VIII of 1923), S. 30----­Appeal-Question of Law---Whether accident arose out of crud in course of employment of workman-Peon riding bicycle carrying dak front factory to head office meeting with accident with a tonga. If the facts are admitted, and the only question to consider is whether the accident arose out of and in the course of the employment of the workman, the question to be determined is not a question of fact but one of law. Dennis v. A. J. White 8c Company 1917 A C 479 ref. Where a peon riding a bicycle and carrying dak from the factory to the head office met with his death in accident with a tonga. Held, that the accident arose out of and in course of employ­ment of the deceased. JUDGMENT SHABIR AHMAD, J.-Abdur Rashid, who was employed as a chaprasi by Messrs Kaycee Industries, Lahore, met with a fatal accident when carrying the company's dak on a bicycle on the 28th of December, 1951. The death of Abdur Rashid resulted instantaneously when his bicycle collided with a tonga. Mst. Nawab Bibi, Safdar Ali minor through his mother Mst. Nawab Bibi, Mst. Begum and Sultan Muhammad son of Allah Ditta claiming to be the dependents of Abdur Rashid put in a petition against Messrs Kaycee Industries Limited under section 3 of the Workmen's Compensation Act (VIII of 1923) for grant of compensation under the Act…

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