IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Ins.APP.No. 5 of 2005() ----------------------- IC.33/2001 of E.I.COURT, KOLLAM .................... APPELLANT/OPPOSITE PARTY -------------------------------------------- THE REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR. BY ADV. SRI.T.V.AJAYAKUMAR RESPONDENT(S): APPELLANT ------------------------ SRI.K.S.NAIR (DELETED), SECRETARY, SREEMOOLAM CLUB VAZHUTHAKKAD, TRIVANDRUM THE NAME OF RESPONDENT, i.e.,SRI.K.S.NAIR, IS DELETED AS PER ORDER 16.9.2008 R1 BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- INS. APPEAL No. 5 OF 2005 -------------------------------------------- Dated this the 14th day of October, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by the ESI Corporation challenging the order of the E.I. Court holding that respondent is not liable for payment of contribution beyond the period of five years from 21.8.1998. We have heard counsel appearing for the appellant and counsel appearing for the respondent. The decision of this Court relied on by the E.I. Court on limitation stands reversed by the decision of the Supreme Court reported in EMPLOYEES STATE INSURANCE CORPORATION V. SANTHAKUMAR, (2007) 1 K.L.T. 133 (SC) whereunder the Supreme Court held that there is no limitation for ESI Corporation to recover the arrears under Section 45A of the Act. Following the judgment of the Supreme Court we reverse the order of the E.I. Court and authorise the appellant to recover the arrears without any limitation. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2