Law:

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Industrial Relations Ordinance (XXIII of 1969)-- --Ss.25-A & 38(3)--Payment of Wages Act (IV of 1936), S.10(2)-­Appeal--Application of respondent workers under S.10(2) of Payment of Wages Act,1936 allowed by Commissioner for Workmen's Compensation and Authority under Payment of Wages Act, to proceed further with regard to their claim for gratuity--Commissioner was lawfully competent to proceed with case and to pass order on merit in accordance with law unless matter was finally decided by Commissioner--- Appeal against order passed on application of worker under S.10(2) of pt, held, was not maintainable and rejected in circumstances. Nemo for Appellants. Date of hearing: 19th February, 1987. DECISION This is an appeal filed by the appellants against an impugned order dated 20-5-1986, passed by the Commissioner for Workmen's Compensation & Authority under Payment of Wages Act, West Division, Karachi, who had allowed the application of the respondent bearing No.88/81 under Section 10(2) to proceed further with regard to the claim of an amount of Rs.8,730 as gratuity. 2. Brief facts of the case of the respondents are that one Bakhtiar Khan, father of respondent No.1 and the husband of respondent No.2 respectively, was employed with the appellant establishment as 'Bhakey Wala' and had died on 19-12-1979 in the Social Security Hospital, Karachi and the appellant establishment had paid the provident fund and leave encashment dues of the deceased to the respondents on 26-12-1979, while the claim of Group Insurance was allowed by the Commissioner Workmen's Compensation, West Division, Karachi on 4-2-1982. However, the amount of gratuity was not paid to the respondents, therefore, being aggrieved an application for the gratuity was submitted before the learned lower Court. 3. The appellant establishment resisted the petition before the learned Commissioner Workmen's Compensation on the 6 2-1979 they had already paid this amount to the respondents on 2 mount of alongwith the leave encashment fund after deducting an her, that Rs.2,100 as a…

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