V.V.VAZE, J. - (1.) M/s. Wardhaman Printing Press (Press) at Sholapur, a partnership concern, applied under section 77 of the Employees State Insurance Act, 1948 (Act) to the Employees State Insurance Court and the Labour Court (Insurance Court) for a declaration that they are not a factory within the meaning of section 2(12) of the Act. The application was dismissed by the Insurance Court and hence this appeal.
(2.) The sheet anchor of the applicants case is that applications Nos. 2 and 3, Prakash and Kumud who are partners in the press could not be called "Persons who were employed for wages" within the meaning of the expression as used in section 2(12) of the Act inasmuch as they being partners could not be employed by themselves.
(3.) It appears that applicants Nos. 2 and 3 have been supervising the work of the firm, executing orders, keeping accounts and in return applicant No. 2 Prakash received a remuneration at the rate of Rs. 1,800/- per annum from 1961 to 1968 which was raised to Rs. 3000/- after that date while the corresponding figures of remuneration for applicant No. 3 Kumud are Rs. 1200/- and Rs. 2400/- per annum. Concededly, Parkash and Kumud have also contributed to the capital of the firm to the extent of Rs. 3,866/- each and if Prakash and Kumud are not regarded as employees, the press had a complement of not more than 18 workmen at a given time. That is to say, the establishment of the press would fall within the ambit of the definition of factory as defined under sub-section (12) of section 2 of the Act only if Prakash and Kumud are regarded as persons "employed for wages" within the meaning of the definition.;