( 1 ) THE appellant-company carries on the business of making extracts of myrobalan and exporting the same to foreign, countries. It has a factory called 'rong Kuti' where its manufacturing business is carried on. Early in 1953, the chimney needed re-pairs and by a letter written on the 18th of March, the appellant-company engaged one Hazara Singh to dismantle the upper portion of the chimney and hoist a new length of chimney instead. In pursuance of that contract, the work was taken up by Hazara Singh through his men and while the work was being carried on, one Bishan Singh who, among others, was engaged in it, fell from a height of sixty feet and met with an instantaneous death.

( 2 ) ON the basis of the death of his son by the accident of the fall, respondent No. 1, Aurora Singh Mojbi, made an application for compensation against the appellant und-r the Workmen's Compensation Act. He alleged that Bishan Singh had been employed by the appellant and while so employed, had received personal injury by accident arising out of and in the course of his employment which had resulted in his death. The appellant-company by its written state rent disc aimed liability.