| Citation(s) |
|---|
| 1976 SLG 649 1976 SLD 649 1976 PLC 89 |
Labour Appellate Tribunal, Sindh
Appeal No. WCT-128 of 1975, heard on 23rd December, 1975 .
GHULAM RASOOL SHEIKH, APPELLATE TRIBUNAL
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Appeal No. WCT-128 of 1975, heard on 23rd December, 1975 .
GHULAM RASOOL SHEIKH, APPELLATE TRIBUNAL
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MESSRS TANVEER TEXTILE MILLS LTD., KARACHI
VS
Mst. KULSOOM
Law:
Section:
Workmen's Compensation Act (VIII of 1923)---- S. 30-Appeal-Decision of Commissioner based upon settlement amongst parties-Not appealable. Ch. Asghar Ali for Appellant. Rafiq Ahmadfor Respondent. Date of hearing: 23rd December' 1975. DECISION This appeal has been filed under section 30 of the Workmen's Compensation Act against the order of the Commissioner awarding compensation. 2. Jamshed Ali, the husband of the respondent was in the permanent employment of the appellant. He died on 18th February 1974. The respondent claimed the amount from the appellant under the group insurance scheme but the appellant declined on the ground that the deceased was not insured. She, therefore, approached the Deputy Commissioner, Sanghar and labour Welfare Officer, Hyderabad and some settlement was reached and an amount of Rs. 1,000 as first instalment was paid. Subsequently, the respondent approached the Commissioner under the Workmen's Compensation Act and claimed that although it was agreed that the appellant would pay the entire compensation under the group insurance scheme by instalments and although the first instalment of Rs. 1,000 was paid but the balance was not paid. 3. The appellant resisted the claim and raised various pleas that the application was not maintainable under the Workmen's Compensation Act that it was not in proper form that no court-fee was paid that the prayer of the applicant was vague that the deceased was not insured under the group insurance scheme and the amount of Rs. 1,007 was erroneously paid and the appellant was entitled to the refund of the amount. 4. On the basis of the pleadings issues were framed and evidence was led. The learned Commissioner rejected the pleas, which had been raised and awarded Rs. 9,000 as compensation in addition to the amount of Rs. 1,000 already paid. Aggrieved by this, the present appeal had been filed. 5. The learned counsel for the appellant raised two points at the time of argument. He pleaded that there was non-compliance with the provision of section 22 of the Workmen's Compensation Act as the various details as required by law were not given. It was further pleaded that although according to Standing Order…
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