Judgment

SABYASACHI MUKHARJI, J. :- Special leave granted.

2. This appeal arises out of the judgment and order of the Division Bench of the Rajasthan High Court dated 2nd September, 1986. The judgment under appeal was rendered in an appeal under S. 82(2) of the Employees State Insurance Act, 1948 (hereinafter called the Act). The respondent, Ram Chander, was the proprietor of M/s. Commercial Tailors, Sojati Gate, Jodhpur. At all material times, he used to run a tailoring shop, where clothes were stitched. The shop employed at the relevant time about 10 or 12 persons as tailors. The number of employees, however, never exceeded 20. The clothes were supplied by the customers and these were stitched according to the different sizes of the customers. Such stitchings were done at the shop of the respondent herein manually by electric iron which was also used in the process of stitching. There were ironing of finished clothes also. The Employees State Insurance Court, Rajasthan came to the conclusion as follows :

"The applicant is a tailoring shop which has employed more than 20 persons on one occasion and less on other days and makes use of power in the shape of electric press which is used