District Janjgir-Champa (CG); and that the accident had occurred at District Jashpur while working in the Branch of the appellantconcern located at Jashpur. The father of the deceased has categorically deposed that 7 months prior to the accident, his son was appointed as Sales Executive in the appellant-concern and he was drawing salary of Rs.4000/- per month and the same has also been corroborated by one of the witness – Amit Newar (AW-2). He further deposed that after the accident, a demand was raised with regard to payment of the balance salary and other dues from the appellant-concern and it is not disputed that the appellant-concern had issued a cheque amounting to Rs.17821/- on 28.2.2007. The appellants had raised a defence that the deceased was not a regular employee of the appellantconcern and he was only working as a Commission Agent at Jashpur Branch. Though Shri S.S. Bisht (NAW-1), Director of the appellant- concern categorically stated that the deceased was posted at Jashpur Branch on Commission basis, but Shri MD Joshi, Manager, Administration and Legal, (NAW-2), in his statement, has denied the fact that the deceased was posted at Jashpur Branch. However, both the witnesses admitted the fact that the appellant -concern used to maintain the record of the Commission Agents but no such record was produced. Moreover, no Bank Account was proved to demonstrate the fact that the amount which has been released through the cheque was regarding payment of any commission. The father of the deceased has categorically stated that on the date of the
