Supreme Court of India · 1971-09-23
BHARAT BARREL & DRUM MFG. CO. LTD. & ANR. vs EMPLOYEES STATE INSURANCE CORPORATION
- Citation / case number
- SC 1967/394
- Court
- Supreme Court of India
- Petitioner
- BHARAT BARREL & DRUM MFG. CO. LTD. & ANR.
- Respondent
- EMPLOYEES STATE INSURANCE CORPORATION
- Bench
- REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that Section 96(1)(b) of the Employees’ State Insurance Act, 1948 does not empower the government to prescribe a period of limitation for claims under Section 75. The Court clarified that the law of limitation affects substantive rights when it extinguishes the right if a claim is not commenced within the prescribed time. The Court upheld the High Court's ruling that Rule 17, which prescribed a twelve-month limitation period, was ultra vires the rule-making power under Section 96(1).