KAN SINGH, J.—This is an appeal under sec. 82(2) of the Employees Insurance Act, 1948, hereinafter to be referred as the "Act", lodged by the Regional Director on behalf of the Employees State Insurance Corporation, hereinafter to be referred as the "Corporation", and is directed against the order of the Employees Insurance Court (Civil Judge), Ganganagar, dismissing an application made by the Corporation under sec. 75(2) of the Act for the recovery of employees contribution from the respondents in respect of the employees of the Water Works maintained by the Municipal Council of Ganganagar at Ganganagar.

2. The Corporation averred that the Water Works maintained by the Municipal Council, Sri Ganganagar, was a factory as defined in sub-sec. 12 of sec. 2 of the Act and consequently the Municipal Council as employer was liable to pay contribution as required by sec. 40(1) of the Act at the rates provided under sec. 39 read with Schedule I of the Act to the Corporation. The period for which such contribution was not paid was from 1-4-60 to 30-9-65 and actual amount of wages paid to the employees covered by the Act for the aforesaid period as intimated by the Municipal Council came to R

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