' MUHAMMAD MOOSA K. LEGARI, J---This petition is directed against the order dated 15-9-197 passed by Commissioner for Workmen's Compensation and Authority under the Wages Act (West Division) Karachi.
2. Briefly stated that the facts as appearing in the petition are that the petitioner is a widow of deceased Shazaman who was employed with the respondent. He died during the course of his employment on 28-3-1995. Accordingly the petitioner widow filed a claim before respondent No,2 under Standing Order 10-B of the West Pakistan Industrial Commercial Employment Standing Orders Ordinance 1968.
3. The application of the petitioner was dismissed by respondent No,2 on the ground that an authority appointed under the Payment of Wages Act 1936 can only adjudicate cases/claims of those persons who are drawing wages upto Rs,3000 per month and the since the deceased was drawing wages of Rs,4100 per month, therefore, the Authority was not competent to adjudicate the application.
4. Arguments of learned counsel for the parties have been heard, and the impugned order has been scrutinized.
5. View expressed by respondent No,2 on the face of it is totally misconceived and against the law.
Admittedly the petitioner has filed her claim before the Commissioner Workmen's Compensation by invoking the provisions of clause (5) of Standing Order 10-B of the West Pakistan Industrial and Commissioner Employment (Standing Order) Ordinance, 1969 which provides that all claims of workman or his heirs for recovery of money shall be settled in the same manner as is provided for the determination and recovery of compensation under the Workmens Compensation Act, 1923.
' For seeking relief under Standing Order 10-B either the claimant himself should be a "workman" or a legal heir of a workman as defined in the Standing Orders Ordinance; and that the provisions of Payment of Wages Act, 1936 would have no applicability in the matter.
6. It was candidly and very fairly conceded on behalf of the respondent No,1 that dismissal of the application of the petitioner by Commissioner Workmen's Compensation Act, on this count was unwarranted by law.
7. In the circumstances, impugned order being without lawful authority is declared void and quashed accordingly. Matter is remanded. Application of applicant shall be deemed to be pending before the commissioner who shall decide the same after hearing the parties strictly in accordance with law. Commissioner is directed to dispose of the case as expeditiously as possible preferably within a period of four months from the date of communication of this order.