J U D G M E N T

This appeal is preferred against the order of the Employees Insurance Court, Palakkad in I.C.12/04. A demand was made from 4/94 to 3/02 in four periods from the claimant and the E.I. Court held that since the claim under Ext.A1 is clearly beyond the period of 5 years it is barred by limitation. The Court held that in view of the legal position the claim of the opposite party in so far as it relates to the period from 4/94 to 3/8 is barred by limitation for the reason that the demand is made on 26.9.03, i.e. beyond the period of 5 years. The contention of the E.S.I Corporation now is that the said decision is erroneous. The E.I. Court took the decision in the light of the Full Bench decision of this Court reported inESI Corporation v. Excel Glasses Ltd. /b>. ( 2003 (3) KLT 42 ) that any claim made beyond the period of 5 years is barred by limitation. The said decision was taken up before the Apex Court and the Apex Court in the decision rendered inE.S.I. Corporation v. Santhakumar (2007 (1) KLT 133 (SC) held that there is no limitation and it is held as follows.

“If the period of limitation, prescribed under proviso (b) of S.77(1A) is read into the provisions of S.45A,