Case Details

Citation(s)
1985 SLG 2278 1985 SLD 2278 1985 PLC 973
Labour Appellate Tribunal, Sindh
Appeal No. WCK-5. of 1984, heard on 30th May, 1985,
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL

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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, SUKKUR AND ANOTHER

VS

MUHAMMAD MURAD AND ANOTHER

Law:

Section:

Workmen's Compensation Act (VIII of 1923)- -- S. 10-Notice for claim-Death of worker (Railway employee) occurring due to murder at Railway Station premises while on duty-Claim, in circumstances, held; maintainable irrespective of notice. 1976 P L C 709 rel. Shabbir Ahmed Awan for Appellants, Respondent in person. Date of hearing : 30th May, 1985. DECSION Mr. S. Nasir Ali Shah Masoomi, Commissioner, for Workmen's Compensation, Sukkur Zone, Sukkur, announced an order on 22nd August, 1984 awarding compensation of Rs. 15,000 alongwith Rs. 200 as costs of the application. This order is impugned in this appeal. 2. The appeal was argued on behalf of the appellants by Mr. Shabbir Ahmed Awan. The facts are that one Abdul Kareem, a waterman of the Railway Station Ali Nawaz Ghoto was murdered on 10th June, 1981 teat 17 hours within the premises of Railway Station during the duty hours. The father of the claimant claimed compensation under the Workmen's Compensation Act, 1923, but the respondents refused to make payment of the same, hence he filed this application. 3. The appellants were served notice who contested the case by filing their reply statement through their Litigation Inspector, Mr. M. M. I. Mullick. They partially admitted the facts but denied that applicant was not on duty at the time of accident and he did not die with­in the premises of Railway Station. . 4. The Commissioner framed two issues, whether the applicant was entitled for compensation as claimed, whether the application was not maintainable. The Commissioner gave affirmative reply to the first Issue and as regards the second Issue he said 'not pressed'-. In appeal both the Issues were pressed. Ali Nawaz Ghoto, Railway Station is a small Railway Station and according to the F. I. R., the dead body of the deceased was lying on the Railway track. The Station Master, according to the evidence of the father of the deceased was not present at the time of the incident. The collection of tickets and the keys of the station were with the deceased. The evidence of Abdul Majeed, the sweeper of the Railway Station is very important and the evidence divulges that the Station Master was not present at the…
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