JUDGMENT

This appeal is preferred against the judgment in E.I.C.No.26/2007 of Employees' Insurance Court, Kozhikode by the Regional Director, Employees' State Insurance Corporation (for short ESI Corporation). The appellant's case is that the 1st respondent is conducting a toddy shop No.21, Kuttikkattur during the year 2002-2003 to 2006- 2007 as per the licence given by the State Government under the Abkari Act, which will come under Feroke Range, Kozhikode. There were 14 workers engaged in the toddy shop for different works. The Corporation directed the first respondent to remit contribution. Subsequently, a notice was issued for recovering the arrears. Immediately, on receipt of the notice, the first respondent filed W.P.(C) No.5159/2007(L) before this Court, which was dismissed. In the circumstances, the above petition was filed before E.I.

Court.

2. After preferring the above application, both parties adduced oral and documentary evidence. The evidence consists of oral testimony of PW1 and DW1 and documentary evidence Exts.P1 to P8, and Exts.D1 to D4. The learned ESI court concluded that the 1st respondent's establishment did not constitute a factory as per Section 2 (12) of the E