Law:

Section:

Workmen's Compensation Act (VIII of 1923) Ss.3, 4 & 30 Death of employee on duty Liability of employer for compensation Employee a driver of tractor trolly, died during course of duty Inspector Mines, after inspection, had reported that deceased employee was directly hit by falling stones, for proper upkeep and disposal of which, no adequate arrangement was made by the employer Inspector Mines further observed that no systematic and regular inspection was arranged by employer and no well managed blast operation existed with the result that stones, atop the hill, got loosened and often fell .on workers 'Tractor trolly driven by the deceased was engaged in doing the work for employer's operation of stone cutting followed by stone collection and stone transportation Case of deceased was not covered under provisions of Fatal Accidents Act nor Civil Court had any jurisdiction in the matter Employer could not escape his liability for what had happened with the tractor trolly and its driver during the course of duty Employer, therefore, had to indemnify and compensate the dependants of deceased employee Compensation Commissioner having jurisdiction in the matter had rightly found the employer responsible to pay compensation, as determined by him to the widow of the deceased. DECISION This Court had by a detailed judgment announced op 25 9 1999, accepted Mst. Nasreen Akhtar's appeal, setting aside the order, dated 16 6 1998 of the worthy Commissioner Workmen's Compensation, Sargodha. Direction had been made to the respondent to make deposit of amount of compensation to the tune of one lac rupees. It was, however, not complied, with and w& rants of arrest were issued against Khair Din, through the agency of the Labour Court, Sargodha. Khair Din, through his learned counsel, Mr. Naseer Ahmad Qureshi, Advocate, filed an objection petition, on 13 1 2000, and on the following day the warrants were suspended. The objection petition was replied on 21 2 2000. Arguments were addressed by the learned counsel for the parties on 15 5 2000. I proceed to dispose of the objection petition by this order. 2. Actually the Hon'ble High Court has clinched the issue by dismissing…

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