IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Ins.APP.No. 21 of 2007() -------------------------------- IC.34/2002 OF E.I.COURT, KOLLAM .................... APPELLANT/OPPOSITE PARTY -------------------------------------------- THE REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT/APPLICANT ------------------------------------- MUTHOOT CINE ENTERPRISES, KRIPA THEATRE, OVER BRIDGE, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING PARTNER, THOMAS JOHN MUTHOOT. BY ADV. SRI.C.M.STEPHEN THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== INAP No.21 OF 2007 ===================== Dated this the 31st day of October 2008 JUDGMENT This appeal is preferred against the order of the Employees' Insurance Court, Kollam in I.C.No.34 of 2002. It was an application for declaration that the assessment and demand towards contribution on omitted wages for the period from 1992-93 to 1996-97 is unsustainable. The court below allowed the prayer on the ground of limitation as per the decision of this Court in E.S.I.Corporation v. Excel Glasses Ltd.(2003(3) KLT 42). In the light of the decision of the Apex Court in Employees State Insurance Corporation v. Santhakumar(2007(1) KLT 133(SC), it has been held that there is no limitation for the Corporation to initiate action against an establishment and it is also stated that the concept of reasonable period has to be taken into account depending upon the facts and circumstances of each case. So the matter requires reconsideration at the hands of the E.I.Court in the light of the above. Therefore the order under challenge is set aside and the matter is remitted back to the E.I.Court for fresh consideration in the light of the INAP 21/2007 -:2:- decision in 2007(1) KLT 133. The E.I.Court shall issue notice of hearing to the parties concerned. INAP is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-