KALPANA DRESSES Vs. EMPLOYEES' STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THE short point which arises in this Letters Patent Appeal, against the order of summary dismissal of First Appeal No. 638 of 1975, is whether the appellant M/s Kalpana Dresses, are a factory, within the meaning of Employees' State Insurance Act.

(2.) ON a careful consideration of the evidence of Ratansi Raghvji Sawla, a partner of the appellant's firm, M/s Kalpana Dresses and Mrs. Rego, Assistant Regional Director, on behalf of the Employees' State Insurance Corporation, the State Government Employees Insurance Court, Bombay, held in its judgment dated October 8, 1975, that at least from October 6, 1972, when Mrs. Rego visited the factory of Kalpana Dresses the factory was liable to be covered under the provisions of the Employees' State Insurance Act, as there were then twenty -one persons working. It also held that ironing was done with the aid of power.

(3.) MR . Bhatt then submitted that it is clear from the findings of the learned Judge of the Employees Insurance Court that there were sixteen sewing machines and they were being worked by the workers; and hence no power was used in respect of these machines. Mr. Bhatt argued that the mere fact that electric ironing was done with the aid of power was not enough to constitute the place of factory within the meaning of Section 2(12) of the Employees' State Insurance Act.