JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 82 (2) of the Employees Insurance Act, 1948, against the Fair Order and Judgment in EIOP No. 102 of 2004 dated 27.07.2015, on the file of the Employees Insurance Court (Principal Labour Court Chennai), Chennai.)

(This case was heard through Video Conferencing)

1. This Appeal has been filed by the Employees State Insurance Corporation challenging the impugned Judgment and decree dated 27.07.2015 passed by the Employees Insurance Court (Principal Labour Court, Chennai) in EIOP No. 102 of 2004.

2. The Appellant Corporation has raised the following substantial questions of law:

a. Whether the Hon’ble EI Court is justified in holding that the 10th person, Thirumal, watchman was employed and engaged by the partners for their residence and not for the factory and hence not covered under ESI Act?

b. Whether the Hon’ble EI Court is justified in setting aside the impugned Order by holding that no proof of Section 45A Order passed for the earlier period and that no inspection was carried out during the relevant period (3/92 to 9/92)?

c. Whether the Hon’ble EI Court is correct in holding that only 9 persons were employed by the Respon