JUDGMENT

Applicant in Insurance Case No.1 of 2025 of the Employees Insurance Court, Thrissur, has filed this appeal aggrieved by the order dated 28.05.2025. The insurance case was filed on 12.01.2025, with a delay of 390 days, challenging the order dated 21.12.2020, passed by the ESI Corporation under Section 85B of the ESI Act, levying damages of Rs.69,152/- (Rupees Sixty Thousand One Hundred and Fifty Two only) for the delay in payment of contribution for the period from February 2017 to June 2018. The ESI Court held that the time limit for filing an application as per Section 77 (1A) is three years and the said time limit expired by 20.12.2023. The ESI Court examine the issue as to whether power is available to the said Court under Section 5 of the Limitation Act to condone the delay. The learned Judge referred to the judgment of this Court in M/s.Tripenta Hotels (P) Ltd., v. ESI Corporation, [2016 (3) KHC 283] . This Court, in the said judgment, held that the