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Appeal No. WCK‑6 of 1976, decided on 5th August 1977.

---- S. 3 read with West Pakistan Employees' Social Security Ordinance (3C of 1965), S. 8‑Claim under Workmen's Compensation Act, 1923 Based by virtue of S. 8 of West Pakistan Employees' Social Security Ordinance, 1965‑Heirs of deceased workman receiving survivor's pension from Social Security Institution‑Compensation allowed by Commissioner, in circumstances, set aside‑Held, jurisdiction of Commissioner barred by virtue of provisions of West Pakistan Social Security Ordinance, 1965.

Mst. Lal Jan v. Silver Papper Tube Co., Karachi P L D 1974 Kar. 140 distinguished.

Itrat Puri for Appellant.

H. A. Jaffari for Respondent.

Date of hearing : 5th April 1977.

This is an appeal against the order of the Commissioner under the Workmen's Compensation Act allowing compensation to the heirs of the deceased workman.

2. The deceased was in the employment of the appellant and received injuries on account of some accident having been taken place while he was performing the duties. As a result of the injuries he died. The heirs approached the Social Security Institution and survivors' pension was granted. They also approached the Commissioner under the Workmen's Compensation Act. The application was resisted and it was pleaded that the jurisdiction of the Commissioner was barred by virtue of the provisions of the Social Security Ordinance. The learned Commissioner rejected the objection and allowed the compensation. Aggrieved by this, the present appeal had been filed.

3. I have heard the learned counsel for the parties and I am of the view that this appeal must be allowed on the basis of my decision given in a similar case, Messrs Sind Alkalies Ltd., Landhi, Karachi v. Mst. Ghulam Sakina, Appeal No. WCK 5 of 1976, decided on 6th January, 1977, in which I had held that the claim under the Workmen's Compensation Act' was time barred by virtue of section 8 of Social Security Ordinance. The' learned counsel for the respondent, however, tried to seek aid from the authority of the High Court of Sind & Baluchistan in the case of Mst. Lal Jan v. Silver Paper Tube Co., Karachi (P L D 1974 Kar. 140) but this case was also referred to by me in my aforesaid judgment and its effect was considered. Despite that decision I had come to the conclusion that the jurisdiction of the Commissioner under the Workmen's Compensation Act was barred. I see no reason to change my view.

4. In result the appeal is allowed and order of the Commissioner is set aside. The amount which has been deposited be refunded to the appellant.

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