FAO No.2382 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2382 of 1997 Date of Decision. 01.07.2010 The New India Assurance Co. Ltd. through Sh. K.B. Bindal Asstt. Manager, its duly constituted attorney, Regional Office, Sector 17-A, Chandigarh ........Appellant Versus Varinder Singh and others ...Respondents Present: Mr. R.C. Gupta, Advocate for Mr. Pradeep Bedi, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The appeal arises against an order of the Workmen's Compensation Commissioner where on a claim by the workman, the defence of the employer was that there was no relationship of employer and workman and hence, the provisions of the Act were not applicable. The Commissioner, however, found that he was driver of a vehicle belonging to a company and it could not be expected that a driver of a company could be engaged in driving without an actual contract of engagement as a workman. The finding of the contractual relationship is essentially a question of fact that cannot be interfered in an appeal, which requires a FAO No.2382 of 1997 -2- consideration only on a question of law under Section 30 of the Workmen's Compensation Act. There is no scope for interference in the judgment of the Workmen's Compensation Commissioner. 2. The appeal is, therefore, dismissed. (K. KANNAN) JUDGE July 01, 2010 Pankaj*