Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)S. 30Constitution of Pakistan (1973), Art. 199Constitutional petitionMaintainabilityNonavailing of alternate adequate statutory remedy of appealEffectStatutory appellate forum was never approached by petitioner on pretext of bar of limitationOrder in question, was appealable but instead of availing such remedy petitioner filed Constitutional petition after eight months of passing of order in questionEffectBar of limitation in approaching statutory appellate forum had never been considered to be valid ground for filing Constitutional petition as substitute for statutory appealApplication for condonation of delay in such a case, `could always be made before Appellate Authority on valid groundsWithout first availing alternate remedy of appeal under relevant statute, jurisdiction of High Court under Art. 199 of the Constitution could not be invoked and on that account Constitutional petition was incompetent. The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others PLD 1972 SC 279 ref. (b) Civil Procedure Code (V of 1908) O.V, ,R. 10AGeneral Clauses Act (X of 1897), S. 27Service through registered post acknowledgement dueSuch service was proper mode of service under O.V, C.P.C.Under S. 27, General Clauses Act, 1897, if notice was properly addressed and prepaid in registered letter, presumption would be that same was received by addresseeWhere registered letter was received in office of petitioner at his correct address, petitioner could not be heard to say that he should have been served personallyPetitioner was, thus, properly served in circumstances. (c) Workmen's Compensation Act (VIII of 1923) S. 30Constitution of Pakistan (1973), Art. 199Constitutional petitionWorkman was murdered while on official dutyWidow's claim for compensation was accepted by Commissioner, Workmen's CompensationPetitioner did not file appeal against grant of compensation to workman's widowClaim of widow was sought to be challenged in Constitutional jurisdiction on technical objection that claim of widow before Commissioner, Workmen's Compensation was barred by time­Commissioner by…

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