P K BALAKRISHNAN Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) APPELLANT was employed in Malappuram Co-operative Spinning Mills Ltd. , The establishment was covered under the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act' ). The appellant was covered under the Employees' State Insurance Scheme and contributions were regularly paid on behalf of him. The appellant has got a serious disease, caused by breathing cotton particles in the establishment, called 'byssinosis' which is declared as an occupational disease as can be seen from Part C of the Third Schedule, read with section 52a of the Act. Item No. 3 in Part C of the Third Schedule is as follows:

(2.) SECTION 54a of the Act reads as follows:

(3.) IT was argued by the appellant that he is unable to do any work in the cotton factory because of the cotton particles which will create allergy. Having found that he is 50% disabled he could have been given full disablement benefit because he is totally disabled from working in the cotton factory. Considering his age and qualification he will not get any employment elsewhere. Even though his services were terminated, the Corporation also did not give him any alternate employment or re-employment as mentioned under section 19 of the Act. Section 19 reads as follows: