IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Ins.APP.No. 2 of 2007() ----------------------- IC.61/2004 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANTS/RESPONDENTS ------------------------------------------ 1. THE REGIONAL DIRECTOR, ESI CORPORATION, PANCHADEEP BHAVAN, SWARAJ ROUND NORTH, THRISSUR. 2. THE RECOVERY OFFICER, ESI CORPORATION, SWARAJ ROUND NORTH, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT(S): APPLICANT ------------------------ M/S.INTERNATIONAL CREATIVE FOOD LTD., AMALGAM HOUSE, BRISTO ROAD, W/ISLAND, KOCHI-3 REPRESENTED BY ITS MANAGER PERSPNAL. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.P.BENNY THOMAS THIS INSURANCE APPEALS HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ Ins.Appeal.No. 2 OF 2007 ------------------------ Dated this the 29 th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. It is submitted by both sides that the issue of limitation, on the basis of which the E.I.Court took decision, is now decided by the Supreme Court by the judgment in Employees State Insurance Corporation v. Santhakumar (2007 (1) KLT 133 (SC) in favour of the appellant. 2. Under the above circumstances, we set aside the judgment of the E.I.Court, which is impugned in this appeal, and remand I.C. No.61/2004 to the E.I.Court, Alappuzha for taking decision in the I.C. on merits after adjudication. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk