Essjay Electrolinks Private … vs Employees State Insurance … on 11 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17297 of 2008(H)


1. ESSJAY ELECTROLINKS PRIVATE LIMITED,
                      ...  Petitioner

                        Vs



1. EMPLOYEES STATE INSURANCE CORPORATION,
                       ...       Respondent

2. ASSISTANT DIRECTOR,

                For Petitioner  :SRI.SHAJI CHIRAYATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :11/06/2008

 O R D E R
                               S. Siri Jagan, J.
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                       W. P (C) No. 17297 of 2008
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                    Dated this, the 11th June, 2008.

                              J U D G M E N T

The petitioner challenges Exts. P5 and P6 orders passed by the

Employees State Insurance Corporation under Section 85-B of the

Employees’ State Insurance Act whereby the petitioner has been

directed to pay damages for delayed payment of contributions. The

petitioner’s contention is that damages have been demanded after 11

years and therefore the demand is barred by limitation. Learned

standing counsel for the E.S.I. Corporation would contend that in view

of the latest Supreme Court decision, there is no limitation for making

such demands. Whatever that be, I am of opinion that the petitioner’s

remedy lies in filing an insurance case before the Insurance Court

challenging Ext. P5 and P6. Therefore, without prejudice to such

right, this writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.