RAJESH BALIA, J. - (1.) Heard learned counsel for the parties. This appeal arises out of the order passed by the learned single Judge dismissing the S.B. Civil Misc. Appeal No. 247/2004 filed by the present appellant.
(2.) The relevant facts for the present purposes may be noticed. A show cause notice was issued by the ESI Corporation on July 5, 2001 for showing the cause against determination of contribution which the appellant ought to have made to the appellant under the ESI Act in respect of contract labourers employed by it for the period between May 1, 1986 to April 30, 1992 (sic).
(3.) The dispute as raised by the appellant before the EI Court inter alia on the ground that the demand is per se barred by time in view of clear provisions of proviso to Section 77(1-A)(b), which inter alia provides that no claim shall be made by the Corporation after five years of the period to which the claim relates. Alongwith making an application for initiating the proceedings 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.;