NARSAYYA SAYANNA KUNDEN Vs. JOINT REGIONAL DIRECTOR

JUDGEMENT

(1.) This is an appeal against order dated 21st July 1991, passed by Employee's State Insurance Court, Pune in Application (ESI/LCP) No. 6 of 1978. By the said application, the appellant herein had prayed for a declaration that the factories of the appellants referred to in the application were not covered by and under the Employee's State Insurance Act 1948, and the appellant was, therefore, not liable to pay a sum of Rs. 11,394/ - to the Respondent Corporation. By the impugned order under appeal the Employees' Insurance Court dismissed the said application. Being aggrieved by the said Order, the appellants had preferred this appeal under Section 82(2) of the Employee's State Insurance Act, 1948. Section 82(2) of the said Act provides that 'an appeal shall lie to the High Court from an order of the Employee's Insurance Court, if it involves a substantial question of law'. The relevant facts having bearing on subject matter of this appeal are briefly summarised hereinafter.

(2.) THE appellants are partnership firm consisting of the following 7 persons as partners : -

(3.) THIS appeal involves consideration of two questions raised on behalf of the appellants. The said two questions are as under : -