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Petitioner: CHAIRMAN, MUNICIPAL COMMITTEE, WAZIRABAD VS Respondent: SABRAN BIBI
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: CHAIRMAN, MUNICIPAL COMMITTEE, WAZIRABAD vs SABRAN BIBI Case No.: Appeal No, GA-4 of 1982 Date of Judgment:1983-05-28 Reported As: 1984 PLC 1189 Result: Appeal dismissed
JUDGMENT
JUDGMENT ' The order dated 6th December, 1981 passed by the learned Commissioner for Workmen's Compensation has been challenged in this appeal. The learned Commissioner allowed Rs, 15,000 as compensation for the loss of the life of Muhammad Hameed (deceased) as group insurance amount. 2. It has been argued by the learned counsel for the appellant that Muhammad Hameed (deceased) was not a workman and that Municipal Committee, Wazirabad, not being and industry, the Commissioner for Workmen's Compensation had no jurisdiction. These points were not raised in the written statement, therefore, both the parties did not produce evidence on the said points. Questions of fact are always raised before the trial Court, and not for the first time before the appellate Court. The pay of the deceased was Rs, 350 per month, therefore, according to Schedule IV, Rs, 15,000 were rightly fixed as compensation. Admittedly, the deceased had not been insured under the Group Insurance Scheme. 3. Learned counsel for the respondent has raised objection to the effect that section 30 of the Workmen's Compensation Act does not cover the present appeal, therefore, the appeal does not lie. I do not find any force in this argument. According to Standing Order 10-B, clause (5), claims of workmen for the recovery of money under clause (4) are to be settled in the same manner as is provided for the determination and recovery of compensation under the Workmen's Compensation Act. As the said Act is applicable, the appeal under section 30 of the said Act lies to this Tribunal. I, therefore, overrule the objection. 4. As a result of the observations made above, I do not find any force in the appeal and dismiss it on merits.