FAO No. 1023 of 1988 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1023 of 1988 (O&M) Date of decision: 27.4.2011 Punjab Agro Industries Corporation Ltd. and another .. Appellants v. Employees State Insurance Corporation .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. A. P. Bhandari, Advocate for the appellants. Mr. B. S. Bhatia, Advocate for the respondent. ... Rajesh Bindal J. Challenge in the present appeal is to the judgment dated 16.7.1988, passed by Employees' State Insurance Court, Jalandhar whereby the petition filed by the appellants challenging order dated 22.10.1982 seeking to recover ` 20,613.74 on account of ESI contribution and interest, was dismissed on the ground of limitation, as well as on merits. Though learned counsel for the appellants sought to address arguments on the merits of the controversy, but the fact remains that the petition was filed before the ESI Court on 6.6.1986 impugning the order passed by the Deputy Regional Director of the Employees State Insurance Corporation on 22.10.1982. Section 77(1A) of the Employees' State Insurance Act, 1948 provides for a period of 3 years for filing a petition before the ESI Court. The petition having been filed by the appellant beyond a period of 3 years was clearly time barred. Once the petition itself FAO No. 1023 of 1988 [2] was not maintainable, no occasion arises to go into the merits of the controversy. Accordingly, the appeal is dismissed. (Rajesh Bindal) Judge 27.4.2011 mk