Case Details

Citation(s)
1979 SLG 1050 1979 SLD 1050 1979 PLC 463
Labour Appellate Tribunal, Sindh
Appeal No. WCK-34 of 1978, heard on 29th May, 1979.
Z. A. CHANNA, APPELLATE TRIBUNAL

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MALIR CANTONMENT BOARD

VS

RUSTOM KHAN AND ANOTHER

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- - S. 1(4) & S.O 10(B)-Cantonment Board having statutory rules of service under Cantonment Act, 1924, held, outside ambit of Ordinance-Compensation allowed by Commissioner under Work­men's Compensation Act, 1923 claimed under S. O. 10(B), set aside by Labour Appellate Tribunal-Workmen's Compensation Act, (VIII of 1923), S. 30-Cantonment Act (II of 1924). Sayed Hamid Ali for Appellant. Nemo for Respondents. Date of hearing : 29th May, 1979. DECISION This Appeal under section 30 of the Workmen's Compensation Act, 1923, seeks to impugn an order, dated 9th July, 1978, by the Commis­sioner for Workmen's Compensation, East Karachi, awarding compensation of an amount of Rs. 15,000 to the widow of an employee of the appellant, the Malir Cantonment Board, who is stated to have died a natural death on 19th February, 1978. 2. I have gone through the record of the case and am disturbed to find that the learned Commissioner has disregarded important norms for the adjudication of claims. Although the claim was made on account of death, the Death Certificate of Challa, the employee in respect of whom the claim was made, was not filed and does not appear on the record of the learned Commissioner. Further more, neither a Succession Certificate nor other document was filed with the claim in support of the contention that Mst. Hatti was a widow of deceased Challa and she was his sole surviving heir. Finally, it may be mentioned that Matti herself did not file or sign the application for compensation made to the learned Commissioner. The application was made and was signed by one Rustom Khan who claims to be an Attorney of the widow. How­ever, no power of Attorney or Letter Authority from the widow was pro­duced. At no time, the widow made an appearance before the Commis­sioner for submitting the application. There is thus no evidence to show that the claim in fact was preferred by or at the instance of the widow. 3. The Appeal would have succeeded on any of the above grounds, but there is further substantial legal ground upon which the Appeal has to be allowed. It was submitted by Mr.…
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