' Out of the two cases captioned above one is appeal under section 30 of the Workmen's Compensation Act challenging the grant of Rs, 15,000 on account of Group Insurance under Standing Order 10-B of Standing Orders. ordinance 1968 on account of the loss of life of Bashir Ahmad, deceased and the other is the revision challenging the orders passed under section 17 of the Payment of Wages Act in appeal by the Labour Court and passed .y the Authority under section 15 of the Payment of Wages Act. As e ground on which the appeal and the revision are being decided, is the same, both of them are being disposed of together through this single judgment.
2. The learned Commissioner for Workmen's Compensation who is Iso invested with the powers of an Authority under the Payment of Wage act did not properly hear the two cases. Evidence was recorded in on case and was copied in the other case and signed to give it out as an original record of proceedings. Documents were exhibited in one case only but were used in both the cases. As the two cases were not consolidated or could be legally consolidated having been brought under two different enactments, evidence-oral as well as documentary, should have been herded separately. The result is that the case for recovery of Group insurance under Standing Order 10-B is without any evidence. The oral evidence copied from the case brought under section 15 of the Payment of Wages Act does not speak of anything relevant to the case of Group Insurance. The illegality has caused miscarriage of justice to both the parties. .3. As a result, the appeal and the revision are accepted and setting aside the impugned orders, both the cases are remanded to the learned Commissioner for Workmen's Compensation invested with the powers of Authority under. The Payment of Wages Act for trial de novo and decision separately. The learned counsel for the appellant/petitioner has applied for impleading the contractor as party. Since the cases have been remanded, the learned Courts of original jurisdiction shall decide the said applications before proceeding with the cases.