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Appeal No. WCK‑4 of 1984, heard on 16th May, 1985.

‑‑ Ss. 2(m) & 30‑Wages‑Allowances excluded from wages --Commissioner deciding claim‑Plea in appeal that monthly wages of deceased workman exceeded Rs. 1,000 ‑ Question whether allowances included in wages and whether Basic Pay was less than Rs. 1,000 raised in appeal‑Matter requiring evidence as to amount of allowances‑Order of Commissioner, in circumstances, set aside and case remanded for re-decision.

P L J 1975 Tr. C 248 rel.

Hameed Siddiqui for Appellants.

M. M. Naeem for Respondent.

Date of hearing: 16th May, 1985.

This appeal is against the workmen's compensation fixed by the Commissioner for Workmen's Compensation Authority under the Payment of Wages Act. The order, dated 12th April, 1984 is impugned in this appeal. The appellants are Oil and Gas Development Corporation. The respondent in this case is Mst. Gulshan the widow of late Noor Muhammad who was driver of the Oil Tanker of the Corporation. As the case is argued before me the facts are that while Noor Muhammad was the Driver, his son Ghulam Mustafa was the Cleaner of the Oil Tanker. An accident took place where the tanker got fire and both father and son were burnt to death. These facts are given by the learned representative for the respondent.

I have heard Mr. Hameed Siddiqui, Advocate, on behalf of the appellant and Mr. M. M. Naeem on behalf of the respondent. The question raised by Mr. Hameed Siddiqui is that the monthly wages of the deceased were more than Rs. 1,000 and as such the Commissioner is divested from the jurisdiction to entertain the compensation application. Whereas the learned representative Mr. M. M. Naeem pointed out that the deceased's basic pay was Rs. 706 per month plus certain allowances which come to Rs. 1,721.40. The question was whether the allowance included in the wages. Mr. M. M. Naeem cited a case reported in P L J 1975 Tr. C.) (Lah.) 248. The judgment is shown to me of Mr. Justice (Rtd.) Ghulam Rasool Shaikh, who in his decision has excluded the allowances from the basic salary. However, both the learned counsel state that the case may be remanded back to the learned Commissioner for Workmen's Compensation to adduce further evidence as regards the wages and allowances and to decide it according to law. The impugned order is hereby set aside and the matter is remanded to the Commissioner for Workmen's Compensation. The case has become old, therefore, he has to decide it within three months.

3. The amount deposited before the Commissioner for Workmen's Compensation be not disbursed to the respondent.

A.E.

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