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2008 Supreme(Online)(KER) 41833

HIGH COURT OF KERALA
M.N.KRISHNAN, J
THE EMPLOYEES STATE INSURANCE CORPORATIO – Appellant
Versus
THE ERNAKULAM REGIONAL CO-OPERATIVE – Respondent


Advocates:
SRI.P.SANKARANKUTTY NAIR, SRI.B.S.KRISHNAN(SR.), SC, MILMA, SRI.K.ANAND, SMT.LATHA KRISHNAN

J U D G M E N T

This appeal is preferred against the judgment of the Employees Insurance Court, Idukki in I.C.8/04. The applicant before the said Court wanted the order of demand on interest as well as the damages to be quashed. The E.I. Court did not entertain levy of damages but held that as far as interest is concerned the demand made from 1.4.92 to 31.2.92 is not barred by limitation and further held that the demand made by the E.I. Corporation within a reasonable time.

2. The brief facts would reveal, by virtue of a notification, the coverage limit was enhanced from Rs.1600/- to Rs.3,000/- with effect from 1.4.92. An original petition was filed challenging the notification wherein a stay was granted and ultimately the O.P. was dismissed on 1.11.92. In the O.P. an observation was made that it will come into operation only from 1.11.92. In another matter the case was taken up to the Apex Court and and Apex Court held that the said notification will have effect from 1.4.92. The demand in this case was made only in the year 2002. There was contention that in the light of a Full Bench decision of this Court reported inESI Corporation v. Excel Glasses Ltd. ( 2003 (3) KLT 42 ) any clai

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