REGIONAL DIRECTOR Vs. SURESH TRADING CO

JUDGEMENT

(1.) The appellant, the Regional Director of ESI Corporation was the opposite party in I.C.115/02. The question regarding the coverage of the establishment in question was a subject matter of decision by this court in MFA 90/83, wherein it was held that the establishment satisfies the minimum number of employees and that it stands covered and allowed the appeal filed by the Corporation. Thereafter, the Corporation proceeded to make the assessment for the period from 17/1/79 to 2002, which was challenged by the respondent herein before the Insurance Court. The Insurance Court by the impugned judgment in appeal held that the applicant is liable to pay contribution on the basis that it is covered from 17/1/79 to 11/3/88 and directed the appellant herein to quantify the exact amount of contribution payable.

(2.) The grievance of the appellant is that there was no rhyme or reason in limiting the period upto 11/3/88 since the dispute relates to the period upto 2002 and once it is held that it is not barred by limitation, necessarily for the period following beyond 11/3/88 also there cannot be any limitation.

(3.) Heard both sides.