Order:-This appeal arises out of an order passed by the Employees State Insurance Court rejecting an application filed by the appellant herein under section 75 of the Employees State Insurance Act (hereinafter called the Art) for a declaration that its factory was not covered by the provisions of the said Act at any point of time and, therefore, it is not liable to pay any contribution at all. The appellant owns a handloom weaving and dyeing factory known as Kamarajan Textiles producing handloom cloth. In the premises where the handloom cloth is manufactured there are various sections, such as; reeling, winding, dyeing and weaving sections. In the reeling and winding sections, power has admittedly been used; but in the dyeing and weaving sections power had not been used. In the reeling and winding sections, where power was used the number of persons employed were less than 20. But in the weaving and dyeing sections, where power is not used, more than 20 persons had been employed by the appellant. According to the appellant its factory cannot be taken to come under the definition of “factory” as defined in the said Act and, therefore, he is not liable to pay any contribution under t

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