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november 2006

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.

E.S.I.C vs C.C. Santhakumar · Niyam