JUDGMENT :

Heard Shri Siddhant Dutta, learned counsel for the appellant, who has preferred this appeal under Section 30 of the Workmen’s Compensation Act, 1923 (presently, the Employee’s Compensation Act, 1923) (hereinafter referred to as the Act) against a judgment and award dated 16.10.2008 passed by the learned Commissioner Workmen’s compensation, Tezpur in WC Case No. 6/2006. By the aforesaid judgment, an amount of Rs.1,31,040/-has been awarded with interest at the rate of 12% per annum from the date of the order.

2. This Court while admitting the appeal, vide order dated 20.05.2009 had framed the following substantial question of law:

“Whether learned commissioner acted illegally in discarding the evidence of the owner that the injured i.e. the claimant was not his employee and that he even did not know the claimant and holding the claimant to be an employee under the owner.”

3. As regards the service of notice, publication was made in the ‘Dainik Asom’ and ‘The Assam Tribune’ on 19.09.2018 as per an order of this Court dated 20.05.2009. This Court, accordingly vide order dated 11.02.2019 had held that service is complete. The LCR which was called for has also been received.

4. Sh