IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Ins.APP.No. 54 of 2009() ------------------------ IC.19/2004 of E.I.COURT, KOLLAM .................... APPELLANT/OPP.PARTY: --------------------------------------- THE REGIONAL DIRECTOR, ESI CORPORATION, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT(S): APPILICANT: ---------------------------------------------- M/S.AJAX INDUSTRIES, KOCHUVELI, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING PARTNER P.ASOKAN. THIS INSURANCE APPEALS HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 54 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of January, 2010. J U D G M E N T This appeal is preferred against the order of the Employees Insurance Court, Kollam in I.C.19/04. The establishment moved an application challenging the order of coverage and the Insurance Court after considering all the materials allowed the same. It is the contention of the establishment that it never employed more than 9 persons. There was an attendance register, Ext.A1. Ext.A1 would show that the number of employees are only 9 out of which 6 are permanent and three are trainees. To contravene the same no other evidence is forthcoming. AW1 has proved the case. As against this evidence, the Corporation has not tendered any evidence at all nor did mark any documents. Therefore the insurance Court came to the conclusion that there are less than 10 employees and so exempted the INS.APPEAL NO. 54 OF 2009 -:2:- establishment from the coverage. It is only a correct finding on fact and no substantial question of law is involved. Hence the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-