JUDGMENT :

Mangesh S. Patil, J.

1. This is an Appeal by the Principal being aggrieved and dissatisfied by the Judgment and Award passed by the Commissioner under the Employees Compensation Act, 1923, thereby allowing the Petition filed under Section 4 of that Act by the Respondent Nos. 1 to 3.

2. The Appellant Nos. 1 & 2 are the Chairman and Managing Director of the Sugar Factory Appellant No. 3 is the Managing Director of Cooperative Society, registered with the Sugar Factory, and the Respondent No. 4 is the Labour Contractor, who had allegedly engaged the deceased for cutting Sugarcane for and on behalf of the Appellants.

3. After hearing both the sides, the Substantial Questions of Law, which arise for determination in this First Appeal are:

(1) Whether there was an Employer-Employee relationship between the Appellants and the deceased?

(2) Whether the deceased has died during the course of the employment?

(3) Whether the Appellants are liable to pay the Compensation, penalty and interest as determined by the Commissioner?

4. Both the sides have been heard on the aforementioned substantial questions. The learned Advocate for the Appellants vehemently submitted that the deceased was emp