IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Ins.APP.No. 24 of 2004(A) ------------------------- IC.42/2001 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT/OPPOSITE PARTY -------------------------------------------- THE REGIONAL DIRECTOR, E.S.I.CORPORATION, THRISSUR 20. BY ADV. SRI.T.V.AJAYAKUMAR RESPONDENT(S): APPLICANT ------------------------ K.G.SUKUMARAN AND ASSOCIATES, M.G.ROAD, COCHIN-16. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR THIS INSURANCE APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - INS.A.No. 24 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2009 JUDGMENT Joseph, J. We heard the learned counsel for the appellant and the learned counsel for the respondent. The parties have agreed that the issue raised in this appeal is to be answered in favour of the appellant in view of the judgment of the Apex Court reported in Employees' State Insurance Corporation v. C.C. Santhakumar (2007 (1) KLT 133). 2. Notice was issued against the respondent by the appellant claiming contribution for the period from 1.3.1993 to 31.12.1996. The Employees' Insurance Court found that the claim prior to the five years is barred, in view of the decision reported in Employees' State Insurance Corporation v. Excel Glasses Ltd. (2003 (3) KLT 42). This judgment has INS.A.No. 24 of 2004 2 been reversed by the Apex Court. In the light of the said judgment the matter has to be reconsidered. 3. Accordingly, we set aside the impugned judgment and remanded the matter to the Employees' Insurance Court. The matter will be re-considered in accordance with law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm