Law:

Section:

Workmen's Compensation Act (VIII of 1923)-- ---S. 30--Workman while in employment of petty contractor of appellant firm receiving injury and hospitalised by petty contractor-­Commissioner passing ex parte order against petty contractor for payment of compensation for partial disability assessed by Doctor but subsequently re-calling ex-parte order and passing fresh order against appellant firm for payment of compensation--Order of Commissioner set aside in appeal--Held: (1) relation of master and "servant" existed between the worker and petty contractor and appellant firm was not employer (ii) Commissioner was not authorised to revise his earlier order. Muhammad Humayoon for Appellant. S.M. Kohistani for Respondent No. 1. Gul Malik for Respondent No. 2. Date of hearing: 14th February, 1988. DECISION This is an appeal filed by the appellants against an impugned order, dated 1-12-1986, passed by the Commissioner Workmen's Compensation and Authority under the Payment of Wages Act, East Division, Karachi, who had allowed an application under Standing Order 10-B read with Workmen's Compensation Act, 1923, filed by respondent No.l, granting him an amount of Rs.10,000 being 50$ permanent partial disability as assessed by the Doctor in Form 'A'. 2. Briefly stated the facts of the case are that the respondent No.l claimed to have been a permanent workman of the appellants through respondent No.2, working as Shuttering Carpenter having about 7 years service to his credit. He claimed that on 15-5-1984, he received personal injuries arising out of and in the course of his employment and has submitted Form 'A' as he was not paid Group Insurance and Compensation for the injuries nor he was examined free of charge by either the appellants or by respondent No.2, from a qualified Medical Practioner. Further, the claim of respondent No.l was that on 17-3-1985, he got himself examined by a qualified Medical Practitioner who had assessed his permanent partial disability at 50%, thus, he claimed Rs.12,000 on ,account of said disability as Group Insurance/ Compensation from the appellants. 3. The appellants resisted the petition on legal ground as well as facts of the case. As,…

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