V.RAMASWAMI, J.

1. The Employees State Insurance Corporation, hereinafter called the Corporation, has filed this appeal under the Letters Patent against the decision of a learned Single Judge of this court Dt. Dec. 3, 1981, which is reported in Bhag Singh V/s. Employees State Insurance Corpn. (1982) 84 Pun LR 605 : (1983 Lab IC 412), in which the learned Judge has held that M/s. National Service and Petrol Pump, which is a proprietary concern of one Bhag Singh, is not covered by the Employees State Insurance Act, 1948, hereinafter referred to as the Act, and the demand made by the Corporation was illegal and could not be sustained.

2. It appears that the establishment was surveyed by an Inspector of the Corporation on Sept. 5, 1976, and Nov. 13, 1976, and as per the survey report, 15 persons on Sept. 5, 1976 and 13 persons on Nov. 13, 1976, were found employed by the establishment and that, therefore, the establishment was covered by the Act. When proceedings were sought to be initiated on that basis, the respondent filed an application under S.75 of the Act before the Employees State Insurance Court, Chandigarh, praying for a declaration that the coverage of his establishm