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GOPAL RAO EKBOTE, VENKATESWARA RAO
Employees State Insurance Corporation – Appellant
Versus
A. P. State Electricity Board – Respondent


JUDGMENT :

GOPAL RAO EKBOTE, J.:— This is an appeal under section 82 of the Employees State Insurance, Act (XXXIV of 1948), hereinafter called “the Act”, directed against the decision of the Employees Insurance Court, Hyderabad in Insurance Case No. 7 of 1963 given on 19th May, 1964.

2. The facts which give rise to the questions raised before us may briefly be stated. The Employees State Insurance Corporation filed an application on 21-8-1963 against the Andhra Pradesh State Electricity Board for the recovery of employees' contribution amounting to Rs. 2,00,306-64 p. for the period between 1st May, 1955 and 31st March, 1958. The principal contention raised by the Electricity Board was that the, application was barred by limitation, It was also contended that the claim was exaggerated as more employees were included in the claim than could be really covered. The contention therefore was that if the real employees, who are entitled to the benefits under the Act, are taken into account, the claim would come to Rs. 47,571/- and since the Electricity Board has already paid Rs. 77,192/- the Board is entitled to a refund of Rs. 29,721/-. After a proper enquiry, the E.I. Court held that Ru

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