UNIVERSAL REFRIGERATION COMPANY PVT LTD Vs. EMPLOYEES STATE INSURANCE CORPORATION
LAWS(CAL)-1970-3-5
HIGH COURT OF CALCUTTA
Decided on March 05,1970

Universal Refrigeration Company Pvt Ltd Appellant
VERSUS
EMPLOYEES STATE INSURANCE CORPORATION Respondents

JUDGEMENT

P.N. Mookerjee, J. - (1.) This appeal is by the employer company against an order of the Employees' State Insurance Court, West Bengal, awarding Rs. 7,370 as the Employees' contribution payable by the Appellants to the Respondent Corporation under the Employees' State Insurance Act. The proceeding for recovery of this contribution was instituted on October 28, 1965. The Appellants' objection was that their concern in question was not a factory within the meaning of the above Act and, further, that the amount claimed by the Respondent had no legal basis.
(2.) Before the Employees' State Insurance Court, the Appellants did not produce their records to enable the Court to assess the compensation in question. Accordingly, the assessment made by the Respondent was accepted. The Court also was of the, view that the Appellant concern was a factory and the Appellants were liable to make the contribution.
(3.) Before us, the above findings of the Tribunal below were questioned by Mr. Lala who appeared in support of this appeal. He contended, in the first place, that the Appellant concern was not a factory within the meaning of the above statute, as there was no evidence or no sufficient evidence that it employed twenty workers or more, or that it was engaged in manufacturing process with the aid of power. This contention, however, cannot be accepted on the materials before us. It is clear from the extracts from the attendance register of the Appellants, marked Ex. B, that the number of workers employed by them exceeded the requisite number of twenty. It appears, further, from the surveyor's report, Ex. 1(a), that the Appellant concern was using power for the purpose of manufacturing blower fans, cooling coils etc. which is confirmed by the Appellants' own application for licence, which is Ex. 3 in the case. The tests, therefore, for a factory under the Act are amply satisfied by the evidence on record and Mr. Lala's argument to the contrary must, accordingly, fail. That makes the Appellants liable to contribution under the above Act.;


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