Govardhan, J

1. This appeal is against the order passed by the E. S. I. Judge, Tirunelveli dismissing the E. S. I. O. P. No. 3 of 1983 filed under Section75 of the Employees' State Insurance Act.

2. The appellant's case is briefly as follows : There were never more than 20 persons employed in the applicants' establishment. The applicant cannot be stated as a 'factory' under any law. The Employees' State insurance Act is not applicable to the applicant. As per the Beedi Workers' Welfare Fund Act, 10 paise per 1,000 beedies is being paid to help the beedi workers. Therefore directing the applicant to pay contribution under any other Act is not valid. While so, the Regional Director, Employees' State Insurance Corporation has written several letters commencing from 23-7-1981 demanding contribution of Rs. 19,485.50 by the applicant. On the explanation given by the applicant, it was reduced to Rs. 9,725. The application is for declaration that the said amount should not be collected from the applicant.

3. The respondent in their objections, have stated that there were more than 20 employees in the applicant factory and therefore contribution was demanded after issuing necessary