Law:

Section:

Workmen's Compensation Act (V1II of 1923)-- ---Ss.2(n), 10 & 30--Question of fact can never be decided without opportunity of evidence--Employee whether or not a "workman", question could be decided on basis of nature of duties--Commissioner without opportunity of evidence to affected person concluding that deceased was not a workman--Order of Commissioner, held, involved great miscarriage of justice and was not sustainable--Impugned order set aside in appeal by Labour Appellate Tribunal and case remanded for re-decision after opportunity of evidence to parties. J. M. Pervaz Chaudhry for Appellant. Qazi Abdul Hayee for Respondent. Date of herring: 18th August, 1985. JUDGMENT This is an appeal a/s 30 of the Workmen's Compensation Act challenging the order dated 27-9-1984 recorded by the learned Commissioner for Workmen's Compensation, Bahawalnagar, whereby the application of the appellant for grant of compensation for the loss of the life of her son namely Mohammad Arshad, was dismissed. 2. It was contended by the respondent in his written statement that Mohammad Arshad, deceased was not a workman, therefore, the learned Commissioner for Workmen's Compensation had no jurisdiction. The respondent made a miscellaneous application requesting the decision of the question of the deceased being workman or not without recording of evidence on the whole case. The said application was accepted and the learned Commissioner after hearing arguments held that the deceased was not workman and thus dismissed the petition for grant of compensation. The learned Commissioner has wrongly held that the question of workman is legal one. By…

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