Case Details

Citation(s)
1989 SLG 2036 1989 SLD 2036 1989 PLC 955
Labour Appellate Tribunal, Punjab
Appeal No. MG-2 of 1988, decided on 4th June, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Khan A. Hamid for Appellant. Nemo for
Respondent.

MUSHTAQ BEGUM

VS

XEN, IRRIGATION WAPDA TUBEWELL OPERATION DIVISION, KOT ADU

Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)-- ---Ss. 10 & 30--Limitation Act (IX of 1908), S. 3--Compensation claim--Application before Commissioner--Limitation--Plea of limitation not raised in written statement--Contention that Commissioner was not justified in dismissing application as time-barred, repelled--Commissioner, in view of S. 3 of Limitation Act, 1908, was duty bound to sec if action was within time. (b) Workmen's Compensation Act (VIII of 1923)-- ---Ss. 10 & 30--Limitation Act (IX of 1908), S. 5--Compensation claim-­Application before Commissioner--Limitation--Condonation of delay--Reason that applicant being a Pardanasheen lady was not aware of existence of Workmen's Compensation Act, 1923 is not a ground for condoning delay according to well-known maxim "ignorance of law is no excuse". EX PARTE JUDGMENT This is an appeal brought under section 30 of the Workmen's Compensation Act against the order of learned Commissioner Workmen's Compensation, Dera Ghazi Khan, whereby the petition brought by the appellant for compensation on account of the loss of the life of her son namely Sajid Khan who when on duty was electrocuted on 28-8-1980 and died in the hospital on 1-1-1981. The only ground on which the learned Commissioner Workmen's Compensation has dismissed the petition of the appellant is that the petition was time-barred. But on the merits the decision is in favour of the appellant. No application for condonation of delay was filed although in the petition it was urged that the appellant was not aware of the Workmen's Compensation Act. Learned counsel…
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