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Workmen's Compensation Act ,(VIII of 1923)------Ss. 2(n), 3, 10, 30 & Sched.11, cl.(viii)(a)---Compensation---Entitlement---Appeal---Husband of respondent, working as painter with Employer-Authority having died while performing his duties, she filed application for payment of compensation---Commissioner Workmen's Commission having allowed said application for grant of compensation, Authority had filed appeal against order of the Commissioner---Objection, of Authority was that deceased was not workman, but was civil servant and as such, Workmen's Compensation Act, 1923 was not applicable in the case and that deceased was working on daily wages and was not being paid monthly salary---Validity---Deceased was basically employed as a "painter" and painting also amounted to "repair" within the meaning of Schedule II, Clause (viii)(a) of the Workmen's Compensation Act, 1923---In view of nature of the job of the deceased and the functions of the employer-Authority, deceased certainly fell within the definition of `Workman'---Workmen's Compensation Act, 1923, would apply to deceased as well as to the Employer-Authority---Widow of deceased, in her affidavit in evidence had categorically stated that deceased was paid wages on monthly basis and that his monthly wages did not exceed Rs.3,000---Said plea, was not contradicted by the employer-Authority---Deceased, in circumstances, was being paid monthly wages and his monthly wages did not exceed Rs.3,000 and legal heirs of deceased were entitled to receive compensation under Workmen's Compensation Act, 1923. Shamas Din v. Muhammad Younis and others PLD 1953 Lah. 29 and East Pakistan Water and Power Development Authority, Comilla v. Mohar Ali Siyal and others PLD 1971 Dacca 2000 rel. Syed Tariq Ali, Federal Counsel for Appellant. Rafiullah for'Respondent No.2. ORDER MUHAMMAD MOOSA K. LEGHARI, J.--- Through this miscellaneous appeal order, dated 18-8-2004 passed by respondent No.1 viz. Commissioner, Workmen's Compensation, East Division, Karachi whereby he allowed the application filed by respondent No.2 under section 10 of the Workmen's Compensation Act, 1923, has been assailed. 2. Brief facts for disposal of this appeal…

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