Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)--- ----Ss.2(1) (n) & 30---Compensation---Employee died on account of an accident during discharge of his duties and his father claimed compensation---Employer contending that said employee was on daily wage basis and was not a workman under S.2(1)(n) of Workmen's Compensation Act---Employer's witness admitted that he had not brought relevant record to show that deceased was on daily wage basis and what were his daily wages---Relevant record showing status of deceased and his wages was in possession of employer and its non-production raised presumption against it---Deceased was a Tally Clerk, employed in connection with loading and unloading and handling of imported fertilizer and accident took place during this process---Deceased was covered by definition of `workman' given under S.2(1)(n) of Workmen's Compensation Act---Held, since no reliable evidence had been produced by employer that employment of deceased was of casual nature or he had been drawing monthly wages exceeding Rs.1,500, he was a "workman"---Interference declined by Labour Appellate Tribunal with order of Commissioner, Workmen's Compensation Act. (b) Workmen's Compensation Act (VIII of 1923)--- ----S.2(1)(n)---Workman---Clerk---Intention of Legislature to bring Clerk within definition of `workman' discussed. Date of hearing: 3rd May, 1990. DECISION This is an appeal under section 30 of the Workmen's Compensation Act, 1923 (hereinafter called the Act), against the order dated 18-1-1990 passed by the learned Commissioner for Workmen's Compensation, Central Division, Karachi. 2. The brief facts of the case are that the respondent's son Muhammad Rafiq was an employee of the appellants as Tally Clerk in Karachi Port Trust and on 28-12-1986 he died on account of an accident during the discharge of his duties. The respondent who is father of deceased Muhammad Rafiq, filed a claim before the learned Commissioner on 7-9-1987 under section 10 of the Act claiming death compensation of Rs.30,000. The appellants did not dispute the fact that Muhammad Rafiq was a Tally Clerk and that he had died while on duty as a result of an accident on the aforementioned…

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