VASUMATHY Vs. E S I CORPORATION

JUDGEMENT

(1.) The original applicant before the Employees Insurance Court, Quilon is the appellant with a grievance that the ESI Corporation contended that her application is barred by limitation under S.77 of the Employees' State Insurance Act, 1948 and the Insurance Court had jumped at it to accept the contention and to hold that the applicant knocked the doors of the Insurance Court beyond the time limit prescribed under S.77(1A) of the said Act having presented the application beyond the period of three years from the date on which the cause of action arose.

(2.) The Employees State Insurance Act 1948 has come on the statute for providing benefits to the employees. A bare look at the mention of these benefits would show that the benefits contemplated are those to be seen in case of sickness, maternity benefits, employment insurance and other patterns in the process of the welfare of the employees by providing the insurance coverage for the benefit of the employees. In order to further the implementation of the above social welfare object by virtue of S.3 thereof the Employees State Insurance Corporation gets established with meticulously provided constitution thereof. The functions of the Corporation are also emphasised over and above and in addition to the particulars of the schemes of benefits of which the provisions of the Act are eloquent. Not only that the schemes of benefits are to be watched by the Corporation but in addition thereto S.19 of the Act expects the Corporation to promote measures for the improvement of the health and welfare of the insured persons not content with measures for the improvement, the Corporation is expected also in addition to promote measures for the rehabilitation and re-employment of insured persons. This rehabilitation and re-employment of insured persons is also understood in the context of those who become disable or have not disabled but are found to be insured. There is yet another feature and it is that even in following up such measures if any expenditure is incurred the Corporation gets liberty subject to the sanction by the Central Government to meet the financial demands from the funds of the Corporation. Various provisions of the Employees State Insurance Act, 1948 provide measures to look after the employees covered thereby. In the process of dealing with the situation it becomes imperative that the approach of the Corporation has to be in the spirit of the legislation and the requirements of various schemes taken up.

(3.) In the above background, if it is found that the Insurance Courts are required to deal with objections based on technicalities, such as the period of limitation, the situation in the nature of an estoppel or even in the nature of constructive res judicata, it will have to be viewed in the context of the object of legislation.