Law:

Section:

(a) Workmen's Compensation Act (VIII, of 1923)­-- ---S. 30-Appeal -Limitation-Condonation of delay-Time spent in a wrong forum can be computed-Appeal filed erroneously before Labour Court wherefrom returned for presentation to proper forum-No counter-affidavit against application for condo­nation of delay supported by affidavit-Delay, in circumstances, . condoned. (b) Workmen's Compensation Act (VIII of 1923)­--- S. 2(1) (d)--Dependant of deceased workman--Definition not exhaustive--includes every person actually supported by deceased-­Un-controverted statement of major son that he was supported by deceased-He/d, Should have been accepted. Ch. Anwar Ali for Appellant. Nemo for Respondent No. 1. S. M. Mohsin for Respondent No. 2. Date of hearing: 5th May, 1982. JUDGMENT This appeal arises from the order dated 23rd January, 1980, passed by the learned Commissioner for Workmen's Compensation, Rawal­pindi, whereby the petition of the appellant for the recovery of Rs. 6,955 as compensation for the loss of the life of his father namely, Mehdi Hussain Shah, Peon, Sui Northern Gas Pipelines, was dismissed. 2. The learned Commissioner held that the appellant had failed to prove that he was the dependant of the deceased. A minor son is a de­pendant but major is not. However, if the major son proves that he was living on the income of the deceased, he can be adjudged as dependant as the definition of dependant is not exhaustive. 3. The appeal is time-barred and an application for condonation of delay bas been filed in which the ground given is that the appellant brought the appeal in the beginning in a wrong forum, i.e. Punjab Labour Court No. 6, Rawalpindi, from where the appeal was returned on 12th July, 1980, for presentation to the proper forum. In the application it is not mentioned why the appeal was presented to this tribunal with a delay of about 26 days. The appeal was presented here on 7th August, 1980. The appellant has said that the circumstances due to which he presented…

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