( 1 ) UNDER Section 27 of the Workmen's Compensation Act, the Commissioner for compensation has referred this case to the High Court. The facts leading to this reference in brief are that Shrilal, a workman, in the Gwalior Sugar Co. Ltd. , debra, died on 23-1-1956 of the injuries he sustained when the Boiler of the company accidentally got burst. The Company admits its liability and has deposited Rs. 1500/-for being given to the heir of the deceased if any. A notification was published calling applications from persons who were the dependants of the deceased and entitled to compensation.

( 2 ) FIRST of all one Dhani Ram applied, but his claim was rejected by the commissioner. Thereafter, the present applicant Bhawani, a minor brother of the deceased under the guardianship of Chironji, put in his claim for compensation. From the evidence that was produced in this connection, it appeared that Bhawani was a uterine brother of the deceased Shrilal, i. e. , the mother of Bhawani and shrilal was the same, though they were begotten by different fathers. The question referred to the High Court is whether according to Section 2 (d) of the Workmen's Compensation Act a uterine