M/S GOODYEAR INDIA LTD. versus THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPN. AND ORS.

M/S GOODYEAR INDIA LTD. versus THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPN. AND ORS.

No limitation bar applies for payment of Employees' State Insurance Fund contributions for the relevant periods as cause of action arose prior to the 1989 amendment; cause of action arises only after Insurance Court's decision under Section 75.

Parties
Appellant: Goodyear India Ltd.; Respondents: The Regional Director, Employees' State Insurance Corporation and Ors.
Jurisdiction
India
Judgment Date
27 November 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Punjab & Haryana High Court Judgment Dated January 30, 1985 in FAO No. 21 of 1985
Outcome
Appeal dismissed without costs.
Legal Topics
Employees' State Insurance, Limitation Period for Contribution Demand, Statutory Interpretation
Labour and Employment Law Employees' State Insurance Limitation Period for Contribution Demand Statutory Interpretation

Case Brief

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Parties

Goodyear India Ltd.

Appellant

The Regional Director, Employees' State Insurance Corporation and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Punjab & Haryana High Court Judgment Dated January 30, 1985 in FAO No. 21 of 1985

Legal Issues

  1. 1 Whether the demand for contribution towards Employees' State Insurance Fund is barred by limitation for the period 28.1.68 to 30.10.79 (Bangalore) and 28.1.68 to 31.8.79 (Indore)

Ratio Decidendi

No limitation bar applies for payment of Employees' State Insurance Fund contributions for the relevant periods as cause of action arose prior to the 1989 amendment; cause of action arises only after Insurance Court's decision under Section 75.

Court Disposition

Appeal dismissed without costs.

Orders

  • Appeal dismissed.
  • No further action needed if amount already deposited.