Law:

Section:

Workmen's Compensation Act (VIII of 1923)-- --S. 10-Application for compensation-Delay in-Injury caused in 1969 but application made in 1977-No application for condonation of delay made-Explanation that matter was being pursued through­out with Management and Social Security Institution and further that cause of action arose only when injury became serious as formerly it was minor-Further that workman was declared unfit by Social Security Institution subsequently and as such limitation should run from that date-Explanations, held, not sufficient and decision of Commissioner awarding compensation, in circumstances, set aside dismissing application as time-barred. Mahmood A. Ghani for Appellant. Ch. M. Maarif for Respondent. ORDER This is an appeal against the order of the Commissioner, Workmen's Compensation awarding compensation to the respondent. 2. The respondent was covered by the Social Security Ordinance and sustained injuries during the course of the employment. He was examined by Doctor and claimed compensation by a notice to the appellant. Since his claim was not accepted, he filed an application before the Commissioner for the Workmen's Compensation, 3. The application was resisted and it was pleaded that the applica­tion was time-barred and the jurisdiction of the Commissioner was barred and it was not maintainable in law. It was denied that the injury was received during the course of the employment. 4. Evidence was tendered by both the parties. On the assessment of the evidence, the learned Commissioner awarded the compensation. He, however, did not deal with the plea of the limitation. 5. At the outset the learned Counsel for the appellant raised the plea of the limitation. It was pleaded by him that the injury had occurred in 1969 whereas the application to the Commissioner was made in 1977; and no application for condonation of delay was made. In 1969, the period was one year and it was in 1973 when it was extended to 3 years. Thus, on the face of it, the application was time-barred.…

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