( 1 ) THE Divisional Controller, Gujarat State Road Transport corporation, Mahesana Division, Mahesana, by this appeal under the Workmens compensation Act, 1923 (hereinafter referred to as the Act, 1923) challenges the award of the Commissioner under Workmens Compensation Act at Kalol made in Workmens Compensation Application No. 92 of 1993 on 1-6-1996.

( 2 ) THIS award has been challenged by the learned Counsel for the appellant before this Court on the ground that the claimant-respondent since deceased was only an Apprentice appointed under the provisions of Apprentices Act, 1961 and there exists no relationship of employer and employee between the Corporation and the claimant, the Commissioner under the Workmens Compensation Act has exceeded its jurisdiction in passing the award in his favour. The second contention is that the Commissioner under the Workmens Compensation Act has committed serious error or illegality in determining the amount of compensation payable to the claimant by taking his monthly wages to be of Rs. 924-30. This calculation could have been made only on the basis of taking the amount Rs. 380. 00 p. m. as his wages which the appellant was pay