JUDGMENT

1. The present appeal has been preferred against the judgment and order dated 30/04/2002 passed by Employees' State Insurance Court (hereinafter referred to as 'the Court below'), whereby the application filed by the appellant against the demand raised by Employees' State Insurance Corporation has been rejected.

2. Brief facts giving rise to the present appeal are that on the inspection being conducted at the factory of the appellant, it was found that more than ten persons were working in the factory of the appellant and they were involved in colouring and dyeing of the cloths. At the time of inspection, it was also found that an electric motor was fitted for pumping the water. In the circumstances, the appellant was served a notice for depositing the Employees' State Insurance Amount on the count that the premises of the appellant would fall in the category of ^factory' having more than 10 employees in terms of Section 2(12) of the Employees' State Insurance Act, 1948. At the same time, the Competent Officer of the Department prepared an inspection report.

3. While assailing the validity of the notice and the order passed by the Employees' State Insurance Officers, the appe