JUDGMENT

This appeal is preferred by the ESI Corporation against the judgment of the Employees Insurance Court, Kollam in Insurance Case No. 7/2001 . The prayer in the application was for setting aside two communications dated 30/7/2000 and 17/1/2001 issued to the respondent herein claiming contribution on omitted wages for the period from 1/4/95 to 31/3/96. The Insurance Court found that the applicant hotel is covered under the provision of the Act with effect from 1/4/96 on the basis of the preliminary report. According to the Corporation, the claim with effect from 1/4/95 stands covered as a result of Ext. B4 inspection report dated 29/12/98. The applicant attacked the claim on the main ground that the claim is barred by limitation as per the proviso of section 77(1A)(b) of the Act as it is made after 5 years from the date on which it had arisen. The court below found that the contribution for the period after 5 years from 1/4/95 is barred by limitation in the light of the decision of this court reported in ESI Corporation v. Excel Glasses Ltd.(2003(3)KLT 42(F.B). But it has to be stated now that the said decision has been reversed by the Apex court by the judgment reported in Em