S.G. SHAH, J.

1. Heard learned Advocate Ms. Khyati Hathi for appellant No. 1-Taluka Development Officer and learned Advocate Mr. Divyank Tripathi for Mr. Premal S. Rachh for respondent No. 1 and learned Advocate Mr. Premal Joshi for respondent No. 2 in First Appeal No. 3268 of 2014 who is also appearing for the appellant in First Appeal No. 2217 of 2015. Perused the record.

2. In First Appeal No. 3268 of 2014 appellant is original-opponent No. 6 which is considered as a principal employer whereas in First Appeal No. 2217 of 2015, appellant is actual employer being original-opponent No. 1. Thereby, both the opponents/appellants have challenged the same judgment and award dated 9-5-2013 in Workmen’s Compensation Fatal Application No. 51 of 1998 wherein Commissioner under the Workmen Compensation Act and Labour Court of Jamnagar has awarded an amount of Rs.1,97,060/- with 9% interest and 25% penalty to be paid by both the opponents being original-employer i.e. Contractor of work and principal employer.

3. Principal employer being Taluka Development Officer has challenged the award contending that they have not employed the deceased-victim, and therefore, they are not liable to