JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard learned counsel appearing for the appellant and learned counsel appearing for the respondents.

2. This appeal is preferred by the appellant being aggrieved and dissatisfied with the judgment and order dated 25.06.2005 passed by learned Presiding Officer, Labour Court-cum-ESI Court, Ranchi in ESI Case No.11 of 2002 by which the learned Court has dismissed the petition filed under Section 75 of the Employees State Insurance Act (hereinafter referred to as Act of 1948) on the ground that it is barred by limitation.

3. Mr. Indrajit Sinha, learned counsel appearing for the appellant submits that the appellant received a notice in a prescribed Form C11 dated 17.12.1992, whereby and whereunder it has been intimated that on the basis of an inspection made by the Inspector on 01.09.1992, the establishment falls within the purview of factory with effect from 01.03.1991 and therefore, the appellant is directed to take steps for registration of the said establishment under the provisions of Employees State Insurance Act, 1948. He submits that the appellant in response to notice aforesaid vide its letter dated 28.01.1993 saying that no such inspection was