EMPLOYEE STATE INSURANCE CORPORATION THROUGH ITS REGIONAL DIRECTOR Vs. SANJAY GANDHI BIOLOGICAL PARK PATNA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 02.03.2009 passed by the Presiding Officer, Labour Court, Gaya, Patna in ESI Case No. 15 of 2008, whereby the objection of the appellant ?ESI that the aforesaid case filed by the respondent is barred by limitation, is rejected.

(2.) MR. Sudhir Kumar Bijpuria, learned counsel for the appellant submits that by rejecting the objection on the ground of limitation being a substantial question of law involved, as such, the present appeal is filed under Section 82 of the Employees State Insurance Act, 1948 (hereinafter referred to as the "Act"). Besides the above, it is submitted that the respondent was covered under the Act with effect from 06.09.2004 as per the notice communicated to the respondent in Form No. ? C-11 and the case having been filed on 31st of March 2008 i.e. beyond the period of three years as prescribed under Section 77 (1-A) of the Act, it is accordingly, submitted that the Labour Court ought to have been dismissed the case filed by the respondents.