..., further contended that the second application filed by the respondent herein before the ESI Court was barred by time in view of Section 77(1-A) of the ESI Act, since the second application came to be...respondent contended that the plea of resjudicata has been rightly answered by the ESI Act and it does not call for interference by this Court. He further contended that the plea now sought to be raised with regard to the maintainab...submitted that if for any reason this Court were to hold that the second application was not maintainable in view of Section 77(1-A) of the ESI Act, since there is no clear finding as to the merits of...

...1966, can only relate to the application under Section 75 read with Section 77(1-A). The order under Section 45-A need not be executed by the Corporation before the ESI Court under Section ...straightaway go for recovery of the arrears.29. Section 77 of the Act relates to commencement of proceedings before the ESI Court. The proviso to sub-section (1-A)(b) of...Section 77 of the Act cannot independently give any meaning without reference to the main provision, namely, Section 77 of the Act. Therefore, the proviso to clause (b) of Section ...

...prayed to quash and set aside the order dated 16.9.2011 passed by ESI Court, Ahmedabad, in not considering Section 77(1-A) of ESI Act about statutory delay period in filing EI Application before the...of limitation i.e Section 77(1-A) of ESI Act and without considering the evidences on record and without discussing the statutory provisions of ESI Act held that the Company is a seasonal factory....ORAL ORDER1. The appellant has filed this appeal praying for call for record and proceedings of the ESI Application No. 94 of 2007 from the ESI Court, Ahmedabad, and further...

...of the ESI Act, 1948, was, however, not filed within 3 years from the date on which cause of action arose, as provided in sub-section 1(A) of section 77 of the said Act. In the circumstan...the learned Employees' Insurance Court within the time stipulated under section 77 of the said Act. The aforesaid provisions of sections 75 and 77 of the ESI Act are Quoted hereunder...condonation of delay as in other Special Statutes.4) According to the learned counsel of the respondents, there is no provision for condonation of delay inbuilt in section 77 of the said Act. Learned Counsel...

...entertained the petition filed by the respondent under Section 75 of the Employees' State Insurance Act, 1948 (in short "ESI Act"), despite the fact that the said petition is barred by limitation as per the provisi...-A) of the "ESI Act". 3. This appeal is admitted on the following substantial question of law : Whether the petition filed by the respondent under Section 7...respondent, there is no representation on his side. 5. It is an undisputed fact that an order was passed by the appellant Corporation under Section 45-A of the ESI Act against the respondent o...

...Corporation have stated that the cause of action for the respondent arose on 28.03.2002, when the appellant/Corporation claimed ESI contribution from the respondent under Section 45A of the ESI Act. According to th...ESI Act reads as follows: "Section 77. Commencement of proceedings.- (1) The...Corporation." (emphasis added) 7. As seen from Section 77 (1-A) of the ESI Act, an application challenging the order passed by the Original Authority under Section 45-A of...

...delay, beyond the specified extent under the relevant provision i.e. Section 77(1A) of the Employees' State Insurance Act (ESI Act), even if the explanation offered is satisfactory... 24 Limitation Act, is not satisfied. The time prescribed in the special enactment-ESI Act, (Section 77(1A)) is 'three years'...Corporation, the party had not produced the relevant records and as such, the Corporation could not be blamed for having issued the order dated 30.10.2002 under section 45A of the ESI Act. In paragraph 8, the...

...properties in Form No.ESI CP 17 under Section 39 5(a) of ESI Act belonging to the appellant herein on the ground that the appellant has not paid contribution as required under Section 39 of the...fact that the applicant has not produced the copy of the order passed under Section 45(a) of the ESI Act, which is essential so as to ascertain whether the present application is filed within the.... 4. The ESI Court rejected the said application on the ground that it is bared by limitation since appellant/applicant failed to produce order of attachment dated 10.01.2007 under Section 45(a...

...limitation by virtue of Section 77(1A) of the ESI Act, urged this Court to dismiss the appeals on the ground that every application has to be made within three years from the date of cause action, but, in...ESIOP.Nos.6 to 8 of 2016 only on 06.08.2015, which is admittedly beyond the period of 3 years and therefore, it is barred by period of limitation as adumbrated under Section 77(1A) of the Act. Moreover, the order dated 04.0...of recovery cannot be challenged unless the determination order made under Section 45A of the ESI Act is challenged. 8. In the present case, as pleaded by the learned counsel for the appell...

...three years, the same cannot be entertained and limitation prescribed under Section 77(1-A) of the ESI Act, 1948. The reasons adduced by the respondent for condonation of delay, speak of the events...75(1)(g) and Section 77(1-A) of the Employee's State Insurance Act, 1948 and brought to notice of this Court paragraph No.8, wherein points for consideration is formulated and also brought to notice of this Court paragraph ...is a special Act. Therefore, the period of limitation provided under Section 77(1-A) of the ESI Act will have to be treated as the...

...Corporation Vs. CC Santhakumar reported as 2007 (1) SCC 584. In that case the Supreme 1 of 2 FAO-2423-1997 (O&M) 2 Court had held that the bar of Section 77 of the Act applied only to an application mov...which is based on Section 77 of the Act has to be set aside. The appeal stands...This appeal has been filed against the order dated 5.6.1992 passed under Section 45-A Employees Insurance Act, 1948 (for short 'the Act') and the judgment of...

...contended by learned counsel for appellants that period of limitation as envisaged under Section 77 of the Act is not applicable in the present case, since no applications was filed by appellants before the ESI Cou...the petition in favour of respondent, holding it time barred. 9. In Santa Kumar (Supra), Supreme Court observed; "Section 77 of the Act relates to commenceme...provision, namely, Section 77 of the Act. Therefore, the proviso to clause (b) of Section 77(1-A) of the Act, fixing the period of five years for the claim made by the Corporation, will apply only...

...the employer, on the basis of the orders passed under Section 45?”12. Section 45-A is a part of Chapter IV. Section 77(1-A) (b) proviso is contained in Chapter VI. The ques...employer under Section 45-A of the Act, in respect of the claim other than those found in the register of workmen, maintained and filed in terms of the Regulations.29. Section 77 of the Act..., namely, Section 77 of the Act. Therefore, the provisio to clause (b) of Section 77(1-A) of the Act, fixing the period of five years for the claim made by the Corporati...

...appellant claiming that the contribution demanded relates to the period when the establishment was not covered under the provision of ESI Act and that the demand raised was beyond period of limitation as prescribed under .... **** PANKAJ JAIN, J. (Oral) 1. Instant appeal is directed against order dated 25.02.2015 passed by ESI Court on a petition filed by th...75 of the ESI Act. 2. The appellant was served with the demand notice by the ESI Court in Form C-18 dated 27.06.2002, whereby they were asked to make a payment of Rs...

...were submitted to this office within the time limit. (as per your letter the date of death of the IP was on 18.7.1999)”3. The Petitioner then resorted to invoke Section 75 of the ESI Act and made an application...be necessary to refer to Section 77 of the ESI Act, which prescribes the period of limitation for such proceedings, and reads as follows:-77. Commencement of proceedings:-(1) The...Corporation- for short) refuses to grant the benefit under the ESI Act necessitates the aggrieved person to challenge the same and that would constitute the -cause of action- for making the application. The First Respondent had reje...

... 9. The respondents would further submit that the order passed under Section 45-A of the ESI Act determining the contribution of Rs.1,35,135/- for the period from ...has recommended a waiver and therefore the issue of waiver has to be taken into consideration. That apart, the second proviso to Section 45 A (1) of the ESI Act clearly provides that a demand cannot be...that the payment of interest is a statutory liability under Section 39(5), read with Regulation 31(A) of the ESI Act and therefore, the petitioner is not entitled to a waiver...

...of the said Act applicable to the petitioner establishment by order dated 14/12/2010 with effect from 02/06/2009, the impugned order dated 18/01/2016 passed under section 45A of the ESI Act determining the contribu...therefore, it was barred 18 under second proviso to section 45A(1) and proviso to section 77 (1A)(b) of the ESI Act. It ...45A of the ESI Act in respect of period beyond five years from the date on which the contribution shall become payable. In this proviso, the date on which contribution becomes payable and the period of five years become ...

...impugned order dated 18-1-2016 passed under section 45-A of the ESI Act determining the contribution payable by the petitioner, was barred by limitation contained in second proviso to section 45-A(1) of the said ...years from both the dates i.e. 2-6-2009 and 14-12-2010 and that therefore, it was barred under second proviso to section 45-A(1) and proviso to section 77(lA)(b) of the ESI Act. It was contended that...Act.12. A perusal of the second proviso to section 45-A(1) of the ESI Act shows that the Corporation would be disabled from passing an order under section 45-A of the ESI ...

...determination of contribution which the appellant ought to have made to the appellant under the ESI Act in respect of contract labours employed by it for the period between 1.5.86 to 30.4.96 The dispute was raised by the appellant b...against ESI Corporation under section 77 of the Act read with section 75, the appellant moved an application for waiving or reducing the amount to be deposited by him in terms of sub...-section (2-B) of section 75 of the Act.3. According to the claim laid by the Corporation vide its notice dated 5.7.2001 for the period 1.5.86 to 31.3.92, 504 contract labours...

...the ESI Act cannot be made applicable to the appellant and that the claim is barred under Section 77(1A)(b) of the ESI Act, the Court below, without remanding the matter, has dismissed the petitio...holding that the claim of the appellant that the appellant society is not coverable under the provisions of the ESI Act cannot be accepted and that the appellant is not entitled for the relief of...respondent issued a show cause notice on 18.05.2005 to the appellant as to why contribution for the period from April, 1986 to September, 1986 should not be assessed in terms of Section 45-A of the...