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1963 Supreme(Mad) 332

VENKATARAMAN
Solar Works, Madras – Appellant
Versus
Employees State Insurance Corporation and Another – Respondent


Advocates Appeared: For

Judgment :-

Venkataraman, J.

This appeal arises out of an application filed under the Employees' State Insurance Act, 1948. This application was filed under S.75(2) of the Act by the Employees' State Insurance Corporation, to recover contribution due from the employer, namely, the Solar Works, the appellant in the appeal (respondent in the application), before the Employees' Insurance Court, the Principal Judge of the City Civil Court, Madras. The application was filed for the recovery of contribution relating to the period between March 1957 and November 1958. It was filed on 21 June, 1959. The Act does not prescribe any period of limitation within which such an application should be filed, but rule 17 of the rules framed by the Madras State Government prescribes a period of twelve months from the date on which the cause of action arose or the claim became due. There is a proviso that the Court may entertain an application after the said period of twelve months, if it is satisfied that the applicant had sufficient reasons for not making the application within the said period. The Corporation invoked the benefit of this proviso; in their application they stated that they became awar















































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