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Appeal No. FD‑14 of 1981, decided on 14th February, 1983.

Workmen's Compensation Act (VIII of 1923) ‑‑‑

---S. 30 ‑ Appeal against order of Commissioner dismissing application for restoration of application dismissed in default- Record indicating that date fixed for hearing before Commissioner without notice Appeal, in circumstances, accepted ex parte restoring application for compensation with direction to Commis sioner to decide same on merits.

1976 P L C 56 rel.

Sadiq Ali Hashmi, Representative for Appellant.

Nemo for Respondent,

Date of bearing : 7th February. 1983.

JUGDMENT

This appeal is directed against the order dated 25th March, 1981 passed by the learned Commissioner for Workmen's Compensation, Sargodha, whereby the petition of the appellant for the restoration of the application for claiming compensation for the loss of the life of her husband, was dismissed.

2. The case of the appellant is that she had filed an application for compensation and without giving any date she was informed by the Commissioner that notice. would be sent to her and, thereafter, no notice for any date came to her and she made enquiry about the petition she was informed that it had been dismissed in default. No doubt orders are written on the order sheet to the effect that notice be issued to the appellant but there is no report of service or non‑service on the record. I have sent for the despatch register and have perused it but no notice sent to the appellant‑ is entered therein. Needless to say that all correspondence is entered in the register, entry of service stamps to be affixed on the letters is made. Absence of the entry of any notice clearly supports the case of the appellant that never any notice came to her. It appears that the, Ahalmad of the court of the learned Commissioner failed to issue notices to the appellant in compliance with the orders recorded on the file. The learned Commissioner should have in these circumstances restored the application for compensation and disposed it of on merits. I am supported by 1976 P L C 56 wherein somewhat the same circumstances the appeal was accepted and the application for compensation was restored.

3. As upshot of the observations made above, I accept the appeal ex parte and restoring the application for compensation, direct the learned Commissioner for Workmen's Compensation to decide it o merits after affording opportunity to the parties to produce evidence on the points in issue.

Appeal accepted.

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