( 1 ) THE petitioner-workman who was employed by the respondent gujarat Electricity Board received personal injuries in accident on 6th March, 1976 which arose out of and in the course of his employment. The cause of injury was a fall from a height of nearly 40 ft. to 50 ft. while white washing of the wall of the Boiler House of the Power House at Sikka run and owned by the respondent board. As a result of the injury, the petitioner suffered 75 per cent permanent disability and as no compensation was paid under the Workmens Compensation act to the petitioner, registered notice was given on 23rd December, 1976, claiming the compensation but of no avail and, therefore, the petitioner lodged claim before the Workmens Compensation Commissioner. The employer Board chose to contest the claim of the workman on all counts as to whether the applicant is a workman; whether the accident arose out of and during the course of employment; whether the amount of compensation is due. It also contested the liability to pay interest and penalty.

( 2 ) THE Workmens Compensation Commissioner found that the applicant is a workman within the meaning of the Act and the accident in question aro