JUDGMENT - (1) This is an appeal under S. 82 of the Employees State Insurance Act, (Act No. 34 of 1948), from an order passed by the Employees Insurance Court, Bombay. The question which arises in the appeal is whether the appellants Messrs. Bank Silver Company, are a "factory" within the meaning of Section 2 clause (12) of the Act. The appellants filed an application in the Employees Insurance Court for a declaration that they were not covered by the Employees State Insurance Act and that the partners of the appellant firm were not "employees" within the meaning of Section 2 clause (9) of the Act. The application has been dismissed and this appeal is directed against that order.

(2) The facts which are necessary for the decision of the question raised on this appeal are admitted. The appellants are a partnership firm owing an establishment in which articles of silver are manufactured. The firm employs 18 workers in its establishment and, in addition, four of the six partners of the firm also work in the establishment. The respondents, the Employees State Insurance Corporation, contended that the workers working in the establishment of the appellants were covered by the Employees St

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