Ramakrishnan, J.

A common question of law arises for consideration in these two appeals filed against a common order passed by the Court of the Commissioner for Workmen's Compensation, Kozhikode (for short "the Court") in two separate proceedings, namely W.C.No.97 of 1984 and W.C.No. 98 of 1984 arising out of a single accident in which Thirumurthy, w/o. applicant in W.A.No. 97 of 1984 and Vasantha, D/o. Applicant in W.C.No. 98 of 1984 "were lost their life being buried alive under earth as a result of a landslide. As such we are disposing of the appeals by this common judgment.

2. Relevant facts are not in-dispute and are thus: Both cases, namely W. C. Nos. 97 and 98 of 1984 were applications filed under S.100 of the Workmen's Compensation Act, 1923 (for short "the act" ) claiming compensation for the death of workmen 'admittedly employed by the second opposite party in both cases as contractor engaged by the first opposite party for the purpose of getting a project undertaken by the Public Works Department in the course of its business. The first opposite party is the Superintending Engineer, Project Circle, PWD, Kozhikode. The main project undertaken by the first opposi