Appeal from the judgment and order dated September 15, 16, 19, 1966 of the Bombay High Court in Civil Reference No.
8 of 1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
563 of 1967.
M. Singhvi, Ram Panjawani and S. P. Nayar, for the respondent.
In those proceedings the Appellant had taken the plea that the application was barred under Rule 17 as it was number presented within twelve months from the date when the cause of action arose or as the case may be when the amount became due.
B. Pai, Bhuvanesh Kumari and O. C. Mathur, for the appellants.
Subject as aforesaid the provisions of Part II and III of the Indian Limitation Act, 1908 IX of 1908 , shall so far as may be appli ed to very such application, The vires of this Rule was challenged by the Employees State Insurance Corporation hereinafter referred to as the Corporation when it filed an application on 7th October 1963 against the Appellant in the Employees Insurance Court hereinafter referred to as the Insurance Court claiming payment of the companytributions due from it for the period 1st September 1957 to 31st July 1963.
96 1 b of the Employees State Insurance Act 1948 hereinafter referred to as the Act relating to the procedure to be followed in proceedings before such Courts and the execution of orders made by such Courts, the Government of Bombay made the following Rule Limitation Every application to the Court shall be brought within twelve months from the date on which the cause of action arose or as the case may be the claim became due Provided that the Court may entertain an application after the said period of twelve months if it is satisfied that the applicant had sufficient reasons for number making the application within the said period.
The Judgment of the Court was delivered by Jaganmohan Reddy, J. In exercise of the powers under Sec.
As the plea raised before it was important the Insurance Court made a reference under Section 81 of the Act on the following question for the decision of the High Court of Bombay Whether rule 17 of the Employees State Insurance Rule is ultra vires the rule making power of the State Government under Sec.
