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Keywords: Consideration, Notice, Defence, Necessity, Relief, Entitled To Compensation, Division, Cross-Examination, Vehicle, Certificate, Evidence, Compensation, Costs, Order, Interpretation, Payment, Goods, Premises, Finding Of Fact, Examination, Determination Result: Appeal dismissed JUDGMENT This is an appeal under section 30 of the Workmen's Com pensation Act, 1923 (hereinafter referred to as the Act). The appellant Mohiuddin was employed in the Mills of the respondent. These Mills admittedly are grinding mills, commonly known as Chaki'. The appellant met with an accident on 23-11-1968 and was examined by Dr. A. Aziz on 25-1-1969 Dr. Abdul Aziz issued a certificate in favour of the appellant to the effect that he had suffered 60 percent disability. The appellant gave are notice to the respondent on 20-2-1969 and subsequently made an application under section 10 of the Act on 2 9-4-1969. On the written statement being filed the learned Commissioner framed the following issues: "(1) Whether the claim of the applicant is liable to be suspended for net submitting himself for medical examination? (2)Whether the applicant is workman within the meanings of the Workmen's Compensation Act? (3) Whether accident arose during the course of and out of employment with the opponent? (4) What is the extent of disability and loss of earning capacity ? (5) What were the wages of the applicant at the time of accident? (6) To what relief the applicant is entitled?" 2. As would appear from the nature of the issues the first two issues were of a preliminary nature and if the decision on these first two issues went against the applicant (appellant the remaining Issues required no determination. The learned Commissioner therefore recorded evidence to relation to the fret two issues and came to the conclusion that the appellants was not a workman within the meaning of section 2 (n) of the Workmen's Compensation Act. In the result an application for compensation filed by the appellant failed and teas dis missed. Being aggrieved with that decision of the learned Commissioner, the present appeal has been filed. 3. Mr. M. M. Baig, the learned counsel for the appellant has sought to…

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