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2023 Supreme(Raj) 419

PRAVEER BHATNAGAR
Ram Adarsh Shikshan Sansthan – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vimal Singh Faujdar, R.D. Sharma.
For the Respondent: Namo Narayan Sharma.

JUDGMENT :

PRAVEER BHATNAGAR, J.

1. The instant appeal has been filed against the impugned order dated 24.05.2022, whereby, the original application filed by the appellant Institute under Section 75(1)(g) of the Employees’ State Insurance Act, 1948 (hereinafter referred to as the ‘Act of 1948’) for declaring the demand letter dated 20.03.2017 issued by the respondent as void, was dismissed by the Employee Insurance Court, Jaipur (hereinafter referred to as the ‘ESI Court’) on the grounds of being time-barred while rejecting the application filed under Section 5 of the Limitation Act.

2. In a nutshell, the appellant preferred an Original Application under Section 75(1)(g) of the Act of 1948 alongwith the application under Section 5 of the Limitation Act before the ESI Court questioning the order dated 20.03.2017 of the respondent passed under Section 45A of the Act of 1948, whereby, a sum of Rs.10,51,050/- was determined as a statutory arrear of contribution payable by the Institution for the period from April, 2012 to November, 2016.

3. It is submitted by learned counsel for the appellant that the cause of action in respect of the claim by the Corporation for recovering contributions f

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