FAO No.622 of 2008 5.5.2010. Present: Mr.Ramakant Sharma, counsel for the appellants. Mr.Rakesh Jaswal, vice counsel for respondent No.1. This is an appeal filed by the appellant against the order passed by the Commissioner under the Workmen Compensation Act, Kangra, dated 9.9.2008, dismissing the claim preferred by the appellant/petitioners. Notice of the appeal was issued. I have heard the learned counsel for the parties and have gone through the record of the case. On appraisal of the impugned order passed by the learned Commissioner, it is clear that no reference has been made to the evidence led by the parties before the Commissioner, Workmen Compensation, when it passed the impugned order. The evidence led by the petitioners was relevant and had to be considered before deciding the question of employer and employee relationship. Thus, the impugned order suffers from an illegality, which cannot be cured. In view of the above discussion, the appeal is allowed and the case is remanded back to the Commissioner under the Workmen Compensation Act, Kangra to reconsider the case on the basis of the evidence led by the parties before it and decide the matter afresh in accordance with law. The parties, through their counsel, are directed to appear before the court of the Commissioner on 1.6.2010 and the Commissioner shall try to dispose of the case, being an old one, within four months from the aforesaid date. The record of the case be sent back forthwith. The appeal stands disposed of accordingly, so also the pending applications, if any. May 5, 2010. (V.K. Ahuja), (trs) Judge.