| Citation(s) |
|---|
| 1999 SLG 745 1999 SLD 745 1999 PLC 42 |
Labour Appellate Tribunal, Punjab
Appeal No. GT-11 of 1997/Pbdecided on 13-06-1998
MIAN GHULAM AHMAD, CHAIRMAN
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Appeal No. GT-11 of 1997/Pbdecided on 13-06-1998
MIAN GHULAM AHMAD, CHAIRMAN
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WAPDA through Superintending Engineer, Electricity, WAPDA, Gujrat and 2 others
VS
Mst. NASEEM AKHTAR
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------S. 37(3)---Workman's Compensation Act (VIII of 1923), S. 30--Appeal--- Limitation---Appeal filed by employer against of Workmen's Compensation Commissioner, before Labour Court, was returned by Labour Court for its presentation before proper forum observing that appeal before Labour Court was not maintainable---After return of appeal by Labour Court, same was filed by employer before Labour Appellate Tribunal after about 7 months from passing order by Compensation Commissioner---Pursuance of a cause in a wrong forum would not entitle aggrieved party to claim exclusion of time spent in wrong forum from prescribed period of limitation---Appeal filed by employer before Labour Appellate Tribunal, was dismissed being time-barred. 1968 PLC 643; PLD 1967 Kar. 547 and 1997 SCMR 1128 ref. Iqbal Khokhar for Appellants. Muhammad Anwar for Respondent. JUDGMENT The Workmen's Compensation Commissioner, Gujrat, on 17-11-1996, awarded to Mst. Naseem Akhtar compensation in the amount of Rs.1,00,000. Mst. Naseem Akhtar had laid claim to this amount, pleading that her late husband, Muhammad Akram lineman Grade-I, had met a fatal accident, while performing official duties on 3-1-1994, when he had been ordered by the S.D.O. to go to a village, along the highway, for doing certain job, and report back. He had to remove or rectify certain defects in the electricity line. Javed Akhtar lineman and Muhammad Aslam, Assistant Lineman deposed in favour of the claimant. Mr. Umer Gul Afridi, S.D.O. (E), WAPDA, Jalalpur Jattan (District Gujrat), appearing for the Establishment, also testified to the effect that the poor person was on official duty. The learned 'Commissioner' has referred to a case decided by the High Court of Madras (India), reported as 1968 PLC 643, in which case a workman was deputed by his officer to bring dinner from his house and in the process he was knocked down by a lorry on a highway. It was considered to be integral part of the service, even though the workman had been sent for performance of what could be called a private task. Another case PLD 1967 Karachi 547, decided by Justice…
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