PRAKASH KRISHNA, J. - (1.) COMMON questions of fact and law are involved n the above two appeals and were also heard together. These appeals are therefore, being disposed of by a common judgment. Both appeals arise out of two separate orders both dated 24 -2 -1995 passed in cases No. 1 and 2 under Section 23 of the Workmen's Compensation Act on identical facts.
(2.) THE facts of the case are as follows. The claimant respondents filed a claim petition on the allegations that the appellants No. 1 and 2 have shops on the ground floor and the first floor at Station Road (Ujhani). These shops are connected by a stair case. The appellant No. 1 on 5th November 1991was selling fire works on the occasion of Deepavali in front of a shop. All of a sudden a fire broke, with the result the shop was gutted in fire. In that fire Joginder, son of the claimant respondents No. 1 and 2 in F.A.F.O. No. 382 and Raju son of claimant -respondents in F.A.F.O. No. 383 died on account of fire. These persons were employed as workman in the shop of fire works. Their dead bodies were recovered by the police after lodging of an F.I.R. under Section 279/304A/427/437 I.P.C. and Section 5 of the Explosive Act. The police recovered bodies of the aforesaid two labourers after breaking the shutter of the shop. The claimants claimed themselves as dependants on the respective workman. The deceased workmen were employed on a monthly sum of Rs. 700 per month. Both were 15 years old at the time of their death. The Workmen's Compensation Commissioner/Collector, Badaun awarded a sum of Rs. 63697.20 as compensation to the claimants in each case. The said orders are under challenge in this Court by the employers.
(3.) HEARD the Counsel for the parties and perused the record. The following two substantial questions of law were framed at the time of the admission of the appeal: (1) Whether the claimants are dependants of the deceased within the meaning of Section 2 (d) of the Workmen's Compensation Act, 1923? (2) Whether the deceased was a workman within the meaning of Section 2 (n) of the Workmen's Compensation Act, 1923? ;