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september 1971

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).

BHARAT BARREL & DRUM MFG. CO. LTD. & ANR. vs EMPLOYEES STATE INSURANCE CORPORATION · Niyam