Employee State Insurance Corporation and Others vs Sanjay Gandhi Biological Park, Patna, Sri Rakesh Kumar, Director, Sanjay Gandhi Biological Park, Patna and Sri S.C. Verma, Deputy Director, Sanjay Gandhi Biological Park, Patna

Honourable Mr. Justice Shailesh Kumar Sinha

This appeal is directed against the order dated 02.03.2009 passed by the Presiding Officer, Labour Court, Gaya, Patna in ESI Case No. 15 of 2008, whereby the objection of the appellant -ESI that the aforesaid case filed by the respondent is barred by limitation, is rejected. Mr. Sudhir Kumar Bijpuria, Learned Counsel for the appellant submits that by rejecting the objection on the ground of limitation being a substantial question of law involved, as such, the present appeal is filed u/s 82 of the Employees State Insurance Act, 1948 (hereinafter referred to as the "Act"). Besides the above, it is submitted that the respondent was covered under the Act with effect from 06.09.2004 as per the notice communicated to the respondent in Form No. - C-11 and the case having been filed on 31st of March 2008 i.e. beyond the period of three years as prescribed u/s 77 (1-A) of the Act, it is accordingly, submitted that the Labour Court ought to have been dismissed the case filed by the respondents.

Mr. Saroj Kumar Sharma, Assistant Counsel to AAG -5, on the other hand, submits that admittedly Corporation demanded the claim of contribution as per the order dated 28.05.2007 which was however, replied by the petitioner on 13.06.2007. It is accordingly, submitted that the case was filed on 31st of March 2009 which was well within the period of three years and as such, the Labour Court rightly dismissed the objection of the appellant taking the object of limitation.

Considering the rival submissions of the parties and on perusal of the provisions of Section 77 (1-A) of the Act, it would appear that the Corporation demanded the claim for contribution for the first time, as per the order passed u/s 45A of the Act vide order dated 28.05.2007 and the case having been filed on 31st of March 2009, the same was well within the period of limitation and the objection of the appellant that the case is barred by limitation was rightly rejected by the Labour Court. Considering the submissions of the parties and the discussions made above, I do not find any merit in this appeal. The same is accordingly, dismissed.