LAWS(SC)-2000-7-130

ESI CORPORATION Vs. C SASEENDRAN

Decided On July 19, 2000
E.S.I.CORPORATION Appellant
V/S
C.Saseendran Respondents

JUDGEMENT

(1.) Leave granted in SLP (C) No. 22851 of 1997.

(2.) In these appeals, the respondent workmen claimed certain benefits arising out of the Employees' State Insurance Act, 1948 as each of them sustained certain injuries in the course of employment. The E. I. Court after assessing the extent of disability benefits arising thereto was also computed with a direction to the effect that the appellant is bound to find a suitable employment for such an employee who became disabled on account of employment injury as provided in Section 19 of the E. S. I. Act. The matter was carried in appeal in each of the cases to the High Court. The High Court dismissed the appeals holding that the order made by the E. I. Court is in accord with the spirit of Section 19 of the E. S. I. Act.

(3.) It is now complained before us that the e. I. Court has no powers to give a direction to the E. S. I. Corporation to find a suitable employment for the respondent under Section 19 of the E. S. I. Act. This Court while granting leave confined the matter to this aspect only. Section 19 provides that the Corporation may in addition to the scheme of benefits specified in the Act, promote measures for the improvement of the health and welfare of insured persons and for the rehabilitation and re-employment of insured persons who have been disabled or injured and may incur in respect of such measures expenditure from the funds of the Corporation within such limits as may be prescribed by the Central Government.