Indian Kanoon - Search engine for Indian Law

5. After trial of the issues and upon an examination of the evidence adduced by the parties, the Insurance Court found on all issues against the Corporation and in favour of the mills, and granted the reliefs sought. Hence the appeal by the corporation.

6. On behalf of the appellant, only contentions bearing on the issue relating to apprentices and casual employees were urged. Hence, we are not concerned, herein with the relief relating to payment of arrears of wages.

7. On the issue relating to apprentices, the Insurance Court held that the evidence of A.W. 1 (the witness for the mills), and the documentary evidence Exts. A1 to A6 produced in regard to the procedure followed in the employment of apprentices and the terms of such employment, was preferable to that of the witnesses for the Corporation. It, therefore, came to the conclusion that such apprentices fell outside the purview of the definition of an employee under the Act. Presumably because that such a finding was essentially one of fact and, therefore, not ordinarily amendable to review in an appeal of the present nature, it was simply contended that the remuneration paid to such apprentices was "wages" within the meaning of S. 2(22) of the Act and, therefore, the mills would still be liable to the contribution demanded.