1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO.475 OF 2011. IN WRIT PETITION NO.1506 OF 2011 (D). (M/s Bharat Jyoti Domestic Appliances, Nagpur Vs. The Asstt. Provident Fund Commissioner, Nagpur and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri S.S. Ghate, Advocate for Appellant. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE: NOVEMBER 30, 2011. Heard Shri S.S.Ghate, learned Counsel for appellant and Shri R.S. Sundram, learned Counsel for respondent no.1. Learned Single Judge has found that because of ESI record which reveals 23 employees as on 14.01.1993, the Provident Fund authorities were justified in covering the establishment of petitioner. Petitioner was given opportunity to participate in Section 7-A inquiry, but, he has not assisted the authorities during that inquiry. Finding of fact recorded by that authority under EPF Act are maintained by learned Single Judge. Our attention has been invited by learned Counsel to two statements contained in appeal memo to urge that coverage under ESI Act was voluntarily. Except for bare statement, the appellant has not produced any 2 document to substantiate this statement of fact. Hence, for the first time we are not in a position to appreciate the same. We do not see any jurisdictional error or perversity in the approach of learned Single Judge. Letters Patent Appeal is, thus, dismissed. No costs. JUDGE JUDGE NSN