IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Ins.APP.No. 17 of 2005() ------------------------ IC.44/2001 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT/OPPOSITE PARTY -------------------------------------------- THE REGIONAL DIRECTOR, E.S.I.CORPORATION PANCHADEEP BHAVAN, TRICHUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT(S): APPLICANT ------------------------ M/S. ANANTHA OIL EXTRACTIONS, 2ND FLOOR, VASUDEVA BUILDINGS, T.D.ROAD, COCHIN -11, REPRESENTED BY ITS MANAGING DIRECTOR MR.A.VISWANATHAN NAIR. ADV. SRI.P.RAMAKRISHNAN FOR R1 SRI.C.ANIL KUMAR FOR R1 SRI.PRATAP ABRAHAM VARGHESE FOR R1 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- INS. APP. No. 17 OF 2005 -------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal, in principle has to be allowed because Supreme Court in the decision reported in EMPLOYEES STATE INSURANCE CORPORATION V. SANTHAKUMAR, (2007) 1 K.L.T. 133 (SC) has held that there is no limitation for demanding ESI contribution. However, since respondents have a case that quantum is disputed, we set aside the order of the EI Court and remand the matter back to the EI Court for considering other disputes, except on limitation which stands covered in favour of the appellant by the above decision of the Supreme Court. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2