JUDGMENT

SHINGHAL, J. :— This appeal by special leave is by Pratap Narain Singh Deo who is the proprietor of two cinema halls in Jeypore, district Koraput Orissa. It is not in dispute that Srinivas Sabta, respondent No. 1, (hereinafter referred to as the respondent ) was working as a carpenter for doing some ornamental work in a cinema hall of the appellant on July 6, 1968, when he fell down and suffered injuries resulting in the amputation of his left arm from the elbow. He served a notice on the appellant dated August 11, 1968 demanding payment of compensation as his regular employee. The appellant sent a reply dated August 21, 1968 stating that the respondent was a casual contractor, and that the accident had taken place solely because of his own negligence. The respondent then made a personal approach for obtaining the compensation, but to no avail. He therefore made an application to the Commissioner for Workmen s Compensation, respondent No. 2, stating that he was a regular employee of the appellant his wages were Rs. 120 per mensem, he had suffered the injury in the course of his employment and was entitled to compensation under the Workmen s Compensation Act 1923. (hereinaf