ORAL JUDGMENT :

1.Heard Shri V. Palekar, the learned Counsel appearing for the appellants and Mrs. A. Agni, the learned Counsel appearing for the respondent.

2. The above appeal has been admitted by this Court on 22/10/2008 on the following substantial question of law:Whether the Directors drawing remuneration in excess of the statutory maximum could be counted for the purpose of arriving at the statutory minimum number of employees for deciding coverage?

3. Shri V. Palekar, the learned Counsel appearing for the appellants also filed the above Miscellaneous Civil Application No.801/2008 to produce additional documents under the provisions of Order 41 Rule 27 of the Civil Procedure Code.

4. This Court by order dated 5/03/2010 directed that the said application be decided at the time of the disposal of the appeal. Hence, the learned Counsel addressed submissions in support of their rival contentions on the above appeal as well as the said application.

5. Shri V. Palekar, the learned Counsel appearing for the appellant in support of his appeal has pointed out that the learned E.S.I. Court at Panaji whilst passing the impugned judgment dated 17/11/2007 has failed to appreciate the evidence