REGIONAL DIRECTOR Vs. J S GARMENTS

JUDGEMENT

(1.) THIS Appeal is preferred under section 82 of the Employees' State Insurance Act,1948 (hereinafter referred to as the said Act of 1948). The Appeal takes exception to the Judgment and Order dated 26th November 1996 passed by the learned Judge of the Employees' State Insurance Court, Mumbai in an Application under section 75 of the said Act of 1948 filed by the Respondent herein.

(2.) FOLLOWING substantial question of law arises in this Appeal:

(3.) THE learned Trial Judge held that the period of limitation of five years provided under section 77(1-A) applies to the claim/adjudication made under section 45-A of the said Act of 1948. The learned Trial Judge has therefore held that the claim made by the Appellants under Order dated 16th December 1991 was barred by limitation.