1. - The dispute in this appeal relates to the payment of contribution under the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act'), in respect of casual employees engaged for purposes of loading and unloading. The respondent-Company is engaged in the work of export of garments, which is a partnership-firm. The appellant-Corporation demanded contribution in respect of three items and the same was challenged before the Employees' Insurance Court, Jaipur in respect of two items and now it is confined to contribution payable on Rs. 62,929 on account of loading and unloading charges. The learned Judge of the Employees' State Insurance Court has arrived at the conclusion that this sum of Rs. 62,929 was paid for purposes of loading and unloading but it was not paid to persons employed by the firm and on account of payment made to casual or stray workers contribution under the Act is not payable.

2. Against this decision dated February 19, 1980 the Corporation has preferred this appeal Mr. J.K. Daswani, who was the manager of the respondent at Jaipur gave his affidavit and was cross examined on the same and according to him the loading and unloading charge