The Regional Director vs M/S.International Creative Food … on 29 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ins.APP.No. 2 of 2007()


1. THE REGIONAL DIRECTOR, ESI CORPORATION,
                      ...  Petitioner
2. THE RECOVERY OFFICER, ESI CORPORATION,

                        Vs



1. M/S.INTERNATIONAL CREATIVE FOOD LTD.,
                       ...       Respondent

                For Petitioner  :SMT.T.D.RAJALAKSHMY, SC, ESI CORPN.

                For Respondent  :SRI.A.M.SHAFFIQUE (SR.)

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :29/01/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                     ------------------------
                  Ins.Appeal.No. 2 OF 2007
                     ------------------------

            Dated this the 29thday of January, 2010

                           JUDGMENT

Pius C.Kuriakose, J.

It is submitted by both sides that the issue of limitation, on

the basis of which the E.I.Court took decision, is now decided by

the Supreme Court by the judgment in Employees State

Insurance Corporation v. Santhakumar (2007 (1) KLT 133 (SC)

in favour of the appellant.

2. Under the above circumstances, we set aside the

judgment of the E.I.Court, which is impugned in this appeal, and

remand I.C. No.61/2004 to the E.I.Court, Alappuzha for taking

decision in the I.C. on merits after adjudication.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
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