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november 2006

Supreme Court of India · 2006-11-21

E.S.I.C. vs C.C.SANTHAKUMAR

Citation / case number
SC 1998/10976
Court
Supreme Court of India
Petitioner
E.S.I.C.
Respondent
C.C.SANTHAKUMAR
Author
ARIJIT PASAYAT
Bench
TARUN CHATTERJEE ARIJIT PASAYAT

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 imposes a five-year limitation on the recovery of contributions. The Court upheld the Kerala High Court's ruling that this limitation is necessary to protect employers from indefinite claims, affirming that contributions for periods exceeding five years cannot be claimed. The Court rejected the Madras High Court's interpretation that allowed for unlimited claims, emphasizing the need for a reasonable time frame to prevent arbitrary actions by the Corporation.

E.S.I.C. vs C.C.SANTHAKUMAR · Niyam