KAILASH CHAND Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26 9 89 passed by the Judge, Employees Insurance Court, Delhi by which he dismissed the petition of the appellant.

(2.) The appellant filed a petition alleging that it was a registered partnership concern and running two units one at 14, Angoori Bagh Market Delhi and the other at 759, Gall No. 9, Raghbarpura No. 2, Gandhi Nagar Delhi. It further alleged that there was no inter-dependence or intertransferability employees. The number of employees in each Unit was alleged to be less than 10 and, therefore, the respondent-corporation wrongly covered the appellant firm under the Employees State Insurance Act. Therefore, the appellant was not liable to pay any contribution.

(3.) The petition was contested on behalf of the respondent alleging that both the units run by the appellant stood covered in the definition of factory as given in the Act on the basis of 01 Form submitted by the appellant. It was held by the learned Judge that the order dated 6.8.86 passed by the respondent covering both the units in one factory as defined under Section 2(12) of the Act was legal.