MUHAMMAD IQBAL Versus WAPDA

This appeal arises from the decision, dated 31st January, 1982 passed by the learned Commissioner for Workmen's Compensation, Faisalabad, whereby he dismissed the application of the appellant for the reason that as WAPDA had paid the amount of group insurance, pay, gratuity etc., to the widow of the deceased out of Court, the necessity of making any interference was not felt. The petition was dismissed leaving the appellant to seek remedy from the civil Court, if he was so advised.

2. Learned counsel for the appellant has said that in the present case the deceased had been insured under the group insurance scheme. From the impugned order also it appears that the deceased had been insured and the amount of group insurance had been paid to the nominee without determi nation of the legal heirs. Standing Order 10‑B of Standing Orders Ordinance, 1968 applies where the employer has failed to get the employee concerned insured under the group insurance scheme and in such cases petition lies to the Commissioner for Workmen's Compensation under clause (v) of the said Standing Order. But in cases where the deceased had been duly, insured by the employer under the group insurance scheme, Standing Order 10‑B is not applicable and thus the Commissioner had no jurisdic tion. In these circumstances the Commissioner for Workmen's Compensation rightly refused to interfere although on different grounds. The appeal is, accordingly, dismissed in limine.

A. E.

Appeal dismissed.