Law:

Section:

Workmen's Compensation Act (VIII of 1923)---- -- Ss. 30 & 12 [as amended by Workmen's Compensation Amendment Act, (XV of 1933)]-Appeal-Liability of contractor-Workmen em­ployed through sub-contractor-Application for imploding contractor and sub-contractor rejected by Commissioner and order passed awarding compensation by principal concern--- Commissioner, in circumstances, held, failed to exercise discretion properly-Com­missioner, held, bound by S. 12 to decide all questions as to right and amount of indemnity in such cases--Appeal, in circumstances, accepted and case remanded for deciding question of actual employment, and indemnity by contractor. A I R 1933 Born. 330 held outdated. A. T. Mahmood for Appellant. S. I. Siddiqui for Respondent. Date of hearing: 17th November 1975. DECISION This appeal has been filed under section 30 of the Workmen's Compensation Act against the order of the Commissioner allowing compensation. 2. The respondent while unloading a truck in the premises of the appellant sustained injuries. He was immediately sent to the hospital for treatment. Permanent partial disability was found to the extent of 40 %. The respondent claimed compensation from the appellant. Since it was not paid he filed the claim before the Commissioner under section 10 of the Workmen's Compensation Act, 1923. 3. The claim was resisted on the ground that the respondent was not employed by the appellant as the contract of transportation of goods was given to Messrs Noorani Contractors. Subsequently the appellant made an application for impleading Messrs Noorani Contractors and Messrs Industrial Clearing & Services Ltd., as party but this application was rejected by the learned Commissioner. 4. Evidence was recorded. The learned Commissioner awarded com­pensation holding the appellant liable. Aggrieved by this, the present appeal had been filed. 5. The learned counsel appearing on behalf of the appellant admitted that the respondent sustained injuries while unloading goods from the truck within the premises of the company. He did not dispute the extent of disability resulting from the injuries. He also conceded that under section 12 of the Workmen's…

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