' This is an appeal against the order of the Commissioner under the Workmen's Compensation Act awarding compensation to the respondent.
2. The respondent was in the employment of the appellant and sustained an injury in the course of his employment while performing his duties. He approached the Commissioner, Workmen's Compensation for compensation as the appellant had refused to give the compensation. The application was resisted and it was pleaded that the factory owned by the appellant was covered by the Shop & Establishment Ordinance and, therefore, the Workmen's Compensation Act was not applicable and the jurisdiction of the Commissioner was barred.
3. Evidence was tendered by both the patties. On the assessment of the evidence the learned Commissioner rejected the contention raised on behalf of the appellant and awarded the compensation. Aggrieved by this, the present appeal had been filed.
4. On perusal of the record and proceedings and hearing the arguments I see no reason to interfere with the conclusion reached by the learned Commissioner and the award of compensation. The learned counsel appearing on behalf of the appellant failed to point out that any question of law was involved in order to give jurisdiction to this Tribunal to interfere with the impugned order. Ho based his arguments simply on questions of Pao against which no appeal lies.
It cannot be said that there was no evidence supporting the conclusion reached by the learned Commissioner. He rightly held, on the basis of the evidence which had been produced, that the Workmen's Compensation Act was applicable and the compensation could be granted. There is no substance in the allegation of the learned counsel for the appellant that certain documents which were produced by the appellant were not considered. The Order clearly showns that all the documents were considered and their effect was fully taken into consideration. He rejected documents as unreliable and I see no reason to disagree with him.
5. In result the appeal is dismissed, stay stands discharged and the amount be paid to the respondent.