IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Ins.APP.No. 48 of 2009() ------------------------ ORDER IN I.C.No.31/2004 dt. 10/07/2006 OF THE E.I. COURT, PALAKKAD : APPELLANT/OPP.PARTY --------------------------------------- ESI CORPORATION, REP.BY ITS REGIONAL DIRECTOR(KERALA), REGIONAL OFFICE, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR-20 BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT: APPLICANT ------------------------ M/S.KERALA SOLVENT EXTRACTIONS LTD, IRINJALAKUDA, REP.,BY ITS CHAIRMAN. ADV. SRI.M.P.ASHOK KUMAR FOR RESPONDENT THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------ INS.APPEAL No.48 OF 2009 ---------------------------------- Dated this the 5th day of January, 2010 JUDGMENT This is an appeal preferred against the order of the Employees Insurance Court in I.C.No.31/04. The point on which the claim of the Corporation has been disallowed is on the ground of limitation. Now the position is well settled that there is no period of limitation for the Corporation to indicate action and the question of limitation will apply only when it moves court for an action. It is also now well settled that the word 'reasonable' period would depend upon the factual circumstances of the cases concerned. There would not be any empirical formula to determine that question (Employees State Insurance Corporation V. Santhakumar 2007(1) KLT 133(SC)). Therefore, the matter requires re-consideration at the hands of the court below. Therefore, the appeal is allowed and the order under challenge is set aside and the matter is remited back to the Employees Insurance Court for fresh consideration in the light of the enunciated principles mentioned in 2007(1) KLT 133(SC). The Employees Insurance Court is directed to issue notice to the parties fixing the date of appearance. M.N.KRISHNAN, JUDGE mns