Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)- -- S. 10 read with Pakistan Cantonment Servants Rules, 1954, r. 48-Employees of Cantonment Board-Whether can claim com­pensation under Workmen's Compensation Act, 1923. Compensation awarded by the Commissioner under Workmen's Com­pensation Act, 1923 to an employee of Karachi Cantonment Board in res­pect of an injury sustained by him while on duty was challenged in appeal before Labour Appellate Tribunal on plea that since the employee was governed by Pakistan Cantonment Services Rules, 1954 (rule 48) in the matter of payment of compensation for injuries the provisions of the Workmen's Compensation Act, 1923 were not applicable and should be deemed to be impliedly repealed in respect of employees of Cantonment Boards. An enactment can be considered to have been impliedly repealed only in the presence of a subsequent legislation which is inconsistent therewith and the provisions whereof cannot be enforced in the presence of the earlier legislation. No doubt, rule 48 of the Pakistan Cantonment Servants Rules, 1954 provides for the grant of a special gratuity or com­passionate allowance to any Cantonment Servant injured in the execution of his duties, but the said rule under which not only the determination of the amount of the special gratuity or compassionate allowance to be paid but even the decision whether the gratuity or allowance should at all be paid in any particular case rest solely in the discretion of the Cantonment Board and are further subject to the approval of the Government, cannot displace the provisions of the Workmen's Compensation Act, which is a beneficial piece of legislation, entitling a workman, who has sustained an injury in the course of his employment, to receive compensation according to the prescribed formula. The provisions of the said Rules and of the Act are totally different and are designed to cater for different require­ments. The said Rules cannot be considered to be providing even reasonably adequate alternate relief or benefit. Therefore, employees of Cantonment Board cannot be denied compensation under the said Act merely because of the provisions in the Rules under the…

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