UMAR RIAZ Versus U.S. MARBLE (PVT.) LTD

DECISION

The appellant states to have been working in the respondent's factory. In the month of December, 1988 during the course of his employment he had met with an accident, as a result of which the fingers of his left hand were crushed by the machine on which he was working and had to be amputated.

2. After setting the preliminaries he had filed an application for compensation before the Commissioner for Workmen's, compensation claiming Rs. 21,000 towards total disability to the extent of 50% plus Rs.8,000 for medical expenses and Rs.100 for obtaining Disability Certificate from the Surgeon.

3. Short of all details, suffice it to say that the learned Commissioner who was seized of the matter and framed as many as 7 issues, and after a very protracted proceeding dismissed the application by answering the first issue in the negative.

4. Fragmentary disposal of cases has repeatedly been deprecated by the superior Courts. Further, the requirement of Rule 34(1) of the West Pakistan Workmen's Compensation Rules, 1961, is, that the "Commissioner shall record concisely his finding on each of the issues framed and his reasons for such matter".

5. Quite often it happens that the appellate forum does not agree with the findings of the Court of first instance. In that eventuality, in the absence of finding on material issues, the case has to be remanded. That would protract the litigation when the scheme of the Workmen's Compensation Act is that disposal should be expeditious.

6. According to Rule 30(3) if there is any postponement of any hearing reasons have to be recorded in writing. The Rule reads as under:‑‑

"If the Commissioner is unable to dispose of an application at one hearing he may for reasons to be recorded in writing adjourn the proceedings to another date."

7. I have however noticed in the record that the learned Commissioner has been issuing notices of every hearing of the case to the parties. As a consequence of this leisurely approach not to be found in the Civil Procedure, the disposal of this application has taken 3 years. That is rather disturbing.

8. I will, therefore, set aside the order and remand the case to the learned Commissioner for disposal of the remaining issues in the case, after hearing the parties.

H.B.T./2217/Lb.S.

Order accordingly.