( 1 ) THE appellants horizon are the widowed mother 2 minor some and a minor daughter of deceased Mahendrabhai Rathva who died on 18th February 1979 while he was working at Rati Irrigation Project Thagam Taluka Chhota Udepur District-Baroda while doing. the excavation work. He was paid daily wages at Rs. 7-60 ps. the appellants claimed a. sum of Rs. 18 0 as compensation and Rs. 9 0 as penalty under sec. 4a of Workmens Compensation Act 1923 (hereinafter-Act ). The learned trial Judge held that the opulence were entitled to get the compensation at Rs. 18 0 and Rs. 9 0 as penalty with running interest at 6% per annum term the date of application till realisation. The learned Judge also held that the deceased was the employee of the Contractor who is respondent No. 2 herein. . lle also held that the respondent Nos. 1 and 3 i. e. Executive Engineer and the State of Gujarat were not liable to pay the amount awarded as compensation and penalty.

( 2 ) MR. M. S. Shah the learned counsel for the appellants has urged that the trial court is not justified in holding that the present respondent Nos. 1 and 3 are not liable and wthat the present respondent No. 2 alone was liable