1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 412/2008 (Vidarbha Vibhagiya Macchimar Sahakari Sangh Ltd. Vs. Dy. Regional Director, Sub Regional Officer) and FIRST APPEAL NO. 413/2008 (Vidarbha Vibhagiya Macchimar Sahakari Sangh Ltd. Vs. Dy. Regional Director, E.S.I. ) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : Smt. Vasanti A. Naik, J. DATED : 19 th JUNE, 2008. Heard Shri Patil for the appellant, and Shri M.P.M. Pillai for respondent. Since these two appeals arise out of a common judgment and order passed by the Employees' Insurance Court at Nagpur, on 26th August, 2004, rejecting the applications filed by the appellant-Society for refund of the amount of contribution paid by the appellant in view of the orders of the E.S.I. Authorities, of the year 1987, they are heard together and are disposed of by this common order. The appellant is a registered Cooperative Society under the Maharashtra Cooperative Societies Act and is basically formed for providing various facilities to uplift the economical status of fishermen 2 in Vidarbha. It is not in dispute that the Society has an Ice Factory. According to the respondent, the appellant had employed more than 20 employees in the Ice Factory since the year 1976-77 and hence the appellant was liable to pay E.S.I. contribution. The refund was sought by the appellant on the ground that the State had not extended the provisions of E.S.I. Act to the appellant-Society. It was the case of the appellant that it had never employed more than 20 employees in the Ice Factory and there was also no manufacturing process carried on in the Ice Factory. It was, therefore, pleaded by the appellant that the appellant could not be covered as a Factory under the provisions of Section 2 (12) of the E.S.I. Act. Challenging the notice issued by the Corporation in the year 1991, it was pleaded by the appellant that the appellant had not engaged more than 20 employees and certain employees working for a private contractor who was engaged in construction work were also considered by the Corporation while considering the number of employees working with the appellant. The respondent denied the case made by the appellant. Both the parties tendered evidence and after considering the evidence produced by parties 3 on record, the Employees Insurance Court came to the conclusion that the appellant had rightly paid the contribution in view of the notices issued to the appellant in the year 1987. According to the Court, there was no reason whatsoever to refund the amount recovered by the Corporation in view of the order passed in 1987. The Court further observed that the manufacturing process was carried on in the Ice Factory and the ice manufactured, was used for preserving the fish of the Society. The Court considered the admission of the witness examined on behalf of the appellant that the Ice Factory was used for preserving the fish of the Society and the contribution of the employees engaged in the Factory was also paid by the Society. Considering the aforesaid admission and also the admission that the contractor was himself running the factory wherein ice was manufactured and the ice was used for the Society, the Court held that the applicant- Society was clearly covered under the provisions of E.S.I. Act. The Court also observed that the appellant was paying E.S.I. contribution since the year 1980. There was no exemption granted by an appropriate Government to the appellant regarding the payment of E.S.I. contribution. The Court also relied on Exh. 36 which shows that the Society had engaged more than 20 employees in the Fish Cold 4 Storage operated by the Society. The findings recorded by the Employees Insurance Court are pure findings of facts which do not give rise to any substantial question of law. First appeals are, therefore, dismissed with no orders as to costs. JUDGE RMP