COMMON JUDGMENT:

1. Since the issue involved, the parties and the order under challenge in these appeals are one and the same, with the consent of the counsel appearing for the parties, these appeals are being disposed of by this common Judgment.

CMA No. 1249 of 2012

2. This Civil Miscellaneous Appeal is filed appellant/opposite party No.1 seeking to set aside the Order dated 26.06.2012 passed in W.C.No.03 of 2005 by the Court of the Commissioner under the Employee’s Compensation Act, 1923 and Deputy Commissioner of Labour, Srikakulam (for short ‘the learned Commissioner’) by raising the following substantial questions of law.

a. Whether the learned Commissioner is justified in coming to the conclusion that there exists relationship of employer and employee between the applicant and opposite party No.1 though the applicant failed to prove the same by cogent evidence ?

b. Whether the learned Commissioner is justified in placing burden on opposite party No.1 to disprove that the applicant was of their employee as no such reverse burden is specified under the Act ?

c. Whether the learned Commissioner is justified in awarding compensation against opposite party No.1 ignoring the admission of