D.K.Mahajan, J.

1. This is an appeal under Section 82 of the Employees State Insurance Act (No. 39 of 1948) against the order of Sub-divisional Magistrate, Batala, dated the 9th of July, 1959, refusing to recognize the parents as the dependants under the Act after the remarriage of the widow of the deceased.

2. Boota Singh was working in the Sardar Foundary Works at Batala. On the date when he died he was working on the grinding machine, when he met with a fatal accident. At the date of his death, he left a widow, Amarjit Kaur, and his aged parents. The widow remarried on the 25th of March, 1958. It seems, she never claimed dependants benefit under the Act. The present application was made by the aged parents. This application was opposed by the Corporation on the ground that Boota Singh had left a widow and therefore the parents were not entitled to the dependants benefit. This objection of the Corporation prevailed with the insurance Court and their claim was rejected. Dissatisfied with this, as I have already said, the parents have come up to this Court in appeal.

3. The contention of Mr. Tewari, learned counsel for the appellant, is that as the widow has remarried, ther