ALA PLASTIC Versus MUHAMMAD SADIQ

DECISION

This is an appeal filed by the appellants establishment under section 30 of the West Pakistan Workmen's Compensation Act, against an impugned order, dated 27‑1‑1985, passed by the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act, West Division, Karachi, who had granted an amount of Rs.6,300 as compensation plus Rs.36 as Doctor's fee and Rs.50 as a fee of the Pleader.

2. Briefly stated the facts of the case are that the respondent claimed to have been permanently employed in the appellants establishment and that due to an accident, he had claimed an amount of Rs.7,200 as compensation for the injuries sustained by him during the course of employment of the establishment.

3. The appellants establishment resisted the petition on a legal objection that as they had employed less than 10 workmen, therefore, the provisions of Workmen's Compensation Act were not applicable to them. So, the present application be dismissed. It was also claimed by the appellants establishment that respondent was not a permanent workman in their establishment and that due to his own negligence he had sustained the injuries.

4. Both the parties led their respective evidence and they were duly cross‑examined. Thereafter, the learned Commissioner for Workmen's Compensation has passed the impugned order, hence, the present appeal.

5. Today, when the case was called for hearing, nemo was present on behalf of any party. However, I have carefully perused the record and proceedings of the case. At the very outset, I would observe here that the present appeal is not maintainable and the impugned order is not liable to be set aside, particularly in view of the admitted position that the respondent has sustained an injury during the course of his employment while working on a plastic Rolling Machine and after treatment, he way finally assessed permanent partial disability 30% and the appellant establishment did not challenge this fact. I, therefore, hold that the respondent is entitled to get all payments as have been granted by the learned Commissioner for Workmen's Compensation and thus, would maintain the impugned order.

6. For the reasons stated above by me, I would maintain the impugned order and would dismiss the present appeal. The learned Commissioner for Workmen's Compensation, West Division, Karachi is directed to release all amounts as have been deposited by the appellant establishment before him in favour of the respondent Muhammad Sadiq after due verification, forthwith.

A.E./1300/Lb.S Appeal dismissed.