High Court Kerala High Court

Shijo T. Paul vs The Regional Director on 7 December, 2009

Kerala High Court
Shijo T. Paul vs The Regional Director on 7 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ins.APP.No. 51 of 2008()


1. SHIJO T. PAUL, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. THE REGIONAL DIRECTOR,
                       ...       Respondent

                For Petitioner  :SRI.C.ANIL KUMAR

                For Respondent  :SRI.T.V.AJAYAKUMAR, SC, ESI CORPN.

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :07/12/2009

 O R D E R
                      M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                INS.APPEAL NO. 51 OF 2008
             = = = = = = = = = = = = = = =
        Dated this the 7th day of December, 2009.

                       J U D G M E N T

This appeal is preferred against the order of the

Employees Insurance Court, Alappuzha in I.C.69/03. An

application was filed before the Court below seeking for a

declaration that the applicant’s establishment is not liable to

be covered under the E.S.I.Act. It was contended that there

was not more than 9 employees at any point of time and

some ITC students were permitted to take practical training

in motor workshop from there and that is why the insurance

official was able to find 11 persons and so the order passed

by the Corporation ordering coverage of the institution was

sought to be set aside. The learned Insurance Court after

exhaustive consideration of the materials held against the

applicant and it is against that decision the appplicant has

come up in appeal. The two substantial questions of law

raised are as follows.

INS.APPEAL NO. 51 OF 2008
-:2:-

“(A) Whether the findings of the

E.I.Court are based on the evidence on

record?

(B) Whether the students

undergoing training in the establishment

can be treated as workmen under the

Employees State Insurance Act for the

purpose of coverage?”

2. It is the definite contention of the establishment

that there can be never more than 9 employees in the

establishment. According to it from the neighboring ITC

institution some students have come up for training and they

had been counted along with the employees and thereby the

Corporation had directed coverage of the institution. DW1

an insurance inspector visited the establishment on

9.5.2001. He was able to find 11 persons employed for

wages in the establishment. He prepared a report and the

said report was signed by the supervisor of the

establishment. DW1 had interviewed the persons, obtained

their names, parentage and address, nature of work period

of service, wages drawn and also their signatures. It is there

INS.APPEAL NO. 51 OF 2008
-:3:-

after the supervisor of the establishment counter signed it.

Now the contention is that from the neighbouring institution

some students have come for training. Except the assertion

there are no materials produced before the Court to show

that who are all those trainees and their particulars. On the

contra a respectable officer of the Corporation had visited the

establishment and in the presence of their supervisor he

counted the number and given all particulars regarding the

employees. Such a report establishes the presence of 11

employees, employed for wages and it has become final and

that decision does not suffer from any material infirmity or

on misappreciation of evidence. Therefore the questions of

law formulated by the counsel for the appellants has to be

found against the establishment and it has to be held that

the finding of the E.I.Court does not suffer from any

infirmity. So the appeal lacks merit and the same is

dismissed.

M.N. KRISHNAN, JUDGE.

ul/-