JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 82 of the E.S.I. Act, 1948, to set aside the order dated 04.01.2013 passed in ESIOP No.15 of 2008 by the Employees Insurance Court (Labour Court), Tirunelveli.)

1. This Civil Miscellaneous Appeal has been filed against the order passed in E.S.I.O.P.No.15 of 2008 dated 04.01.2013 on the file of the Employees State Insurance Court, Labour Court, Tirunelveli.

2. The appellant herein is the respondent and the respondent herein is the petitioner in the claim petition. The respondent herein has filed a claim petition in E.S.I.O.P.O.P.No.15 of 2008 for permanent injunction and to set aside 45-A order No.66/31027/11/45A/32/08/INS/SRO/TLI dated 02.06.2008.

3. A brief substance of the claim petition in E.S.I.O.P.No.15 of 2008 is as follows:

The petitioner is a partnership firm dealing in yarn business. The petitioner is manufacturing lungis and sarees for wages. The petitioner is not the owner of the textile mills. The petitioner engaged only three labourers. No electricity was utilized for the purpose of manufacturing. On 19.08.2008, in the inspection report was prepared by the Officer, it was mentioned that 20 persons we