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1996 DIGILAW 765 (RAJ)

Grinding Minerals v. Regional Director, Employees Sate Insurance Corpn.

1996-07-23

BHAGWATI PRASAD

body1996
JUDGMENT 1. - This appeal has been filed by the appellant against the judgment and order dated 22.7.1988 passed by the learned Civil Judge, Jodhpur. 2. In this appeal, the appellant has challenged that in his factory, though more than 10 persons are working, but number of workers are less than 20, and unless the use of power is established in the manufacturing process, provisions of Employees State Insurance Act cannot be enforced against the appellant. It has been admitted by the appellant that about 50 fans are operating in the factory, but these fans are operating for the convenience of the workers, because, it is a duty enjoined upon the factory to fit fans for the workers. 3. The main argument of the counsel for the appellant is that the fans which are operating in the factory, are not for the use of manufacturing process, but are for the advantage of the workers and are for their comfort. 4. The learned counsel for the respondent submits that the manufacturing process involves the whole working of the factory. The process which is undertaken in the factory is printing of the sarees. At the time, when printing of the saree is undertaken, wet colours are applied. The saree, which has been so printed, cannot be disturbed from the table unless the colour dries, and it is for this drying of the colour that the fans are being used. 5. It would be a question of fact, whether the fans which are operating in the factory do the drying of sarees or not. The finding of the trial Court is against the appellant and is a finding of fact. This Court while hearing the appeal can only go into the questions of law. Therefore, this question cannot be decided by this Court by appreciation Of evidence as to what is the use of fans. The trial Court has come to the conclusion after appreciation of the evidence that the energy is being used in the factory for manufacturing purposes, and it has even been specified that the fans are used for drying the sarees. 6. The trial Court has come to the conclusion after appreciation of the evidence that the energy is being used in the factory for manufacturing purposes, and it has even been specified that the fans are used for drying the sarees. 6. In this view of the matter, this finding is not liable to be disturbed in an appeal filed by the appellant, because the appeal lies on a question of law, and the question desired to be raised is a question of fact.Therefore, the appeal is incompetent, and the same is hereby dismissed with no orders as to costs.Appeal dismissed. *******