EMPLOYEES STATE INSURANCE CORPORATION Vs. VELLINGIRI

JUDGEMENT

(1.) The decision of the Employee's Insurance Court, Palakkad in I.C No.121 of 2008 is under challenge in this appeal. The Employee's State Insurance Corporation ("the Corporation"for short) is the appellant.

(2.) The insurance case referred to above was instituted by the respondent. He was employed in a factory run by M/s.Madras Spinners. He is an insured employee under the Employee's State Insurance Act, 1948 ("the Act" for short) since 27.8.1966. The employer of the respondent closed down its factory during November 2002. The case of the respondent is that he suffered Chronic Obstructive Lung Disease after the closure of the factory. According to him, since the said disease is an occupational disease, he is entitled to medical benefits as also disablement benefits.

(3.) The application of the respondent was resisted by the Corporation. As far as the claim for medical benefits is concerned, the contention of the Corporation was that only retired insured employees are entitled to such benefits and since the factory where the respondent was working had been closed down before he attained the age of superannuation, he cannot be treated as a retired insured employee. As far as the claim for disablement benefits is concerned, the contention of the Corporation was that the disease of the respondent is not an occupational disease.