IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17297 of 2008(H) -------------------------- PETITIONER: ------------ ESSJAY ELECTROLINKS PRIVATE LIMITED, MANAPPAT CENTRE, H.M.T.JUNCTION, KALAMASSERY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, MR.SHAJI SEBASTIAN. BY ADV. SRI.SHAJI CHIRAYATH RESPONDENTS: ------------- 1. EMPLOYEES STATE INSURANCE CORPORATION, (KERALA) REGIONAL OFFICE, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR DISTRICT, PIN-680 020. 2. ASSISTANT DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, KERALA REGIONAL OFFICE, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR DISTRICT, PIN-680 020. BY ADV. SRI. P. SANKARANKUTTY NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17297 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= 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.