1. This appeal is directed against the award dated 10.10.2001 (hereinafter referred to as impugned award) passed by Assistant Labour Commissioner, District Kupwara, (Commissioner under Workmens Compensation Act) in the claim petition titled as Shabir Ahmad Hajam Vs. Divisional Manager and others.

2. Mr. Aijaz, learned counsel for the appellant, stated that petitioner (respondent No.1 herein) was not the employee of State Forest Corporation thus, the appellant should not have been saddled with the liability. It is stated that the following substantial questions of law are involved in this appeal:-

(I) Whether the labourer who is employed by the Contractor for extracting timber from forest is a workman?

(II) Whether the appellant is employer?

3. Heard. Considered.

It is profitable to reproduce proviso to Section 30 of Workmens Compensation Act herein, which reads as under:-

"Provided that no appeal shall lies against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees:

4. An appeal against the award passe

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