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1998 Supreme(Ker) 14

B.N.PATNAIK, P.A.MOHAMMAD
Vijayan Pillai – Appellant
Versus
E. S. I. Corporation – Respondent


Judgment :-

Mohammed, J.

This appeal is directed against the order of the Employees' Insurance Court, Kollam in Insurance Case No. 51 of 1988 dated 9.2.1990. The applicants before the Insurance Court are the appellants before us. Two important questions-one relates to limitation and the other, jurisdiction-are involved in this appeal.

2. The appellants' father one Narayana Pillai was conducting a toddy shop during the period 1978-'80, 1980-'81 and 1981-'82. He expired on 21.7.1982. The E.S.I. Corporation however issued Ext. Al dated 1.11.1988 directing the appellants to pay the alleged arrears of contribution in respect of all employees for the period from I A.1919 to 31.3.1982 under the provisions of the Employees State Insurance Act (for short 'the Act')- It was objected by the appellants and they filed the above case under S.75 of the Act. After the enquiry the E.I. Court found that the Corporation had demanded the contribution without serving any notice or affording opportunity to the appellants to explain their case. Accordingly Ext. Al notice was set aside. The court below further directed the Corporation to pass fresh orders assessing contribution after affording sufficient op


























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