( 1 ) THIS is an application under Clauses 4 and 21 of the Charter for a Writ in the nature of Certiorari for quashing of orders dated the 17th of February 1949 and 1st of March 1949 made by the respondent under the Workmen's Compensation Act.

( 2 ) THE petitioner at all material times was a Contractor of the Central Public Works Department in connection with the construction and maintenance of Aerodromes at different parts of India. In course of such employment as Contractor the petitioner was entrusted with some work in the Barrackpore Aerodrome in May 1942. For the purpose of such work the petitioner employed labourers at the Military Aerodrome at Barrack-pore. On or about the 11th June, 1944, the petitioner's gang was working in the Aerodrome at some distance away from the edge of the runway. Three of the labourers named Punia, Jinnat and Suphal Sha were killed as a result of impact with United States Army Air Force supply plane which was about to take off from the said aerodrome for supply operations. The said aeroplane belonging to the U. S. Army was employed for the benefit of His Majesty and Allied Powers in connection with the furtherance of the War. It is state