1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.378 of 2010 Sanghi Cement Project, Sanghipuram VERSUS The Commissioner Prescribed under Workman Compensation Act, Jaipur District-II, Jaipur and Others Date of Order :::: 03/02/2010. Hon'ble Mr. Justice Dalip Singh Mr. Virendra Lodha, Counsel for the appellants. *** By the Court : Heard learned counsel for the appellants and perused the impugned award. The submission of the learned counsel for the appellants is that the learned Commissioner has come to the conclusion that the deceased was an employee of the Contractor-respondent No.5 and as such the appellants would not be liable for the payment of compensation from the company-appellant. Learned counsel has further submitted that the learned Commissioner has come to the conclusion that since the claimants will not be in a position to recover the amount 2 from the Contractor, therefore, liability has been passed on to the appellant and the contractor jointly. I have considered the aforesaid submissions. In this behalf the definition of employer under the Workman Compensation Act is very clear that is an inconclusive definition, wherein the contractual labour or labour engaged by the principal employer through a contractor under Section 2 (e) of the Act. In the facts and circumstances, I find no merit in this miscellaneous appeal and the miscellaneous appeal is accordingly dismissed. (Dalip Singh), J. Ashok/ 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Stay Application No.251/2010 IN S.B. Civil Miscellaneous Appeal No.378 of 2010 Sanghi Cement Project, Sanghipuram VERSUS The Commissioner Prescribed under Workman Compensation Act, Jaipur District-II, Jaipur and Others Date of Order :::: 03/02/2010. Hon'ble Mr. Justice Dalip Singh Mr. Virendra Lodha, Counsel for the appellants. *** By the Court : Consequent upon dismissal of the main appeal, the stay application, filed therewith does not survive and the same is also dismissed. (Dalip Singh), J. Ashok/