JUDGMENT - (1) This reference has been made under Section 81 of the Employees State Insurance Act, 1948 by the Employees Insurance Court, Bombay, for the decision of two questions of law. The questions submitted by the Employees Insurance Court are:

"(1) Whether rule 17 of the Employees State Insurance Rules is ultra vires the rule making power of the State Government under Section 96 (1) of the Employees State Insurance Act?

(2) The circumstances which have led to these questions are very simple The Employees State Insurance Corporation (hereinafter referred to as the Corporation) filed an application) in the Employees Insurance Court , Bombay, against the Opponents who are a manufacturing company for the recovery of the employees contributions payable under Employees State Insurance Act, 1948 for the period from 1st September 1957 to 31st July 1963. The application was filed on 7th October 1963. Rule 17 of the Bombay Employees Insurance Courts Rules, 1959 made by the Government of Bombay in exercise of the powers conferred by section 96 (1) of the said Act purports to prescribe, a period of limitation for every application which may be filed in the Employees Insurance Courts. Rule

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