1. The State has challenged the Judgment dated 15th November, 1997 passed by the Commissioner for Workmen's Compensation Act and Judge, Ist Labour Court, Solapur ordering the compensation and penalty under the Workmen's Compensation Act, 1923 (the Act) for the accident caused to the husband of Respondent no.1 and the father of Respondent s 2 and 3, on 3rd April, 1985 at the premises of the Appellants and during the course of the employment of the deceased. The deceased was admittedly a Sectional Engineer in the Quality Control Department of the Appellants at Bhandishegaon, Tal: Pandharpur , Dist: Solapur, Maharashtra. It has been the case of the Respondent s, who are the claimant s, that the deceased was working in the Laboratory for testing cement, concrete and mortar blocks. There were 5 labourers, one Lab Assistant and one Chief Lab Assistant working in their laboratory. There was one Sopan Sadhu Darekar who was working under the deceased. He applied for leave to the deceased, which was refused. He therefore hit the deceased with an iron rod. The deceased was injured and he succumbed to his injuries. He was declared dead before admission to the hospital on the same day.