VAISHNO ENERGY FOOD JAAMMU Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) The instant appeal under Clause 12 of the Letters Patent is directed against the judgment and order dated 15.05.2010 rendered by the learned Single Judge of this Court upholding the order dated 08.01.2004 passed by the Industrial Tribunal/ Labour Court, Jammu and Kashmir, Jammu, which was challenged in an appeal under Section 82 of the State Employees Insurance Act 1948 (for brevity "the Act of 1948").

(2.) The learned Single Judge considered the issue as to whether the appellant could be regarded as factory within the meaning of sub-section 12 of Section 2 of the Act of 1948. The learned Single Judge discussed the view taken by the Tribunal and also the factum that the small scale unit of the appellant has all the ingredient necessary for completing the definition of the term "factory" within the meaning of Section 2 (12) of the Act of 1948. For example, on physical verification it was found that 15 workers were employed by the appellant and the claim made by the appellant that it had engaged only 5/6 workers was rejected.

(3.) Having heard the learned counsel at a considerable length, we are of the view that the evidence has been appreciated firstly by the Tribunal and then by the learned Single Judge. Accordingly it has been found that the appellant, a small scale unit of manufacturing biscuits, has been employing 15 persons, which is much more then the requirement of sub Section 12 of Section 2 of the Act of 1948. It is well settled that the findings which have been record on the basis of evidence cannot be set aside in second appeal of this nature by re-appreciating the evidence merely because another view is possible.