Supreme Court of India · 2006-11-21
E.S.I.C vs C.C. Santhakumar
- Citation / case number
- 2006 AIR SCW 6427
- Court
- Supreme Court of India
- Petitioner
- E.S.I.C
- Respondent
- C.C. Santhakumar
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Tarun Chatterjee
Judgment text excerpt
The Supreme Court addressed the interpretation of the proviso to Section 77(1A)(b) of the Employees State Insurance Act, 1948, which limits the claim for contributions to a period of five years. The Court upheld the Kerala High Court's ruling that this limitation is necessary to protect employers from indefinite claims, thereby establishing that contributions older than five years cannot be claimed by the Corporation. The Court rejected the Madras High Court's interpretation that allowed for claims without a limitation period, affirming the necessity of a reasonable time frame for claims to avoid arbitrary actions by the Corporation.