ORDER :

1. This Miscellaneous Appeal has been filed by the appellant under Section 30 of the Employee’s Compensation Act, 1923 (for short “the Act, 1923”) against the award dated 02.03.2017 passed by the learned Commissioner, Employee’s Compensation Act, Labour Court, Durg (C.G.) in Case No. 86/WC Act/2012 Fatal in case of Paramjeet Kour and Others vs. Pavitar Singh and Others.

2. This appeal was admitted by this Court on 22.08.2023 on the following substantial question of law:

“Whether learned Commissioner manifestly committed an error of law in holding that the deceased was an employee of appellant?”

3. The brief facts reflected from the record are that the respondent/claimant filed an application under Section 22 of the Act, 1923 mainly contending that the deceased Amarjeet Singh was working with the respondent who is a contractor and in compliance of the direction given by the respondent, the deceased was working on the site on 09.05.2012 and due to dilapidated structure of building, the deceased got buried and succumbed to death. It has also been contended that the deceased was working as Gas Cutter and he was getting Rs. 5000/- per month. At the time of incident, the deceased was