E S I CORPORATION Vs. PUSHPA

JUDGEMENT

(1.) This is an Appeal filed by the ESI Corporation under Section 82(2) of the Employees' State Insurance Act (hereinafter referred to as the Act). Reference to brief facts leading to the Appeal is as under.

(2.) The substantial questions of law purportedly raised are as follows:

(3.) Heard the learned Counsel for the appellant and also the learned Counsel appearing for the respondent. Learned Counsel for the appellant would refer us to Sections 54A and 55 of the Act. He also referred to Regulation 75 of the Regulations. He would contend that what is contemplated by the Court by the impugned order was a review, finding that the assessment by the Medical Board was not correct. If that is so, it was bound to send it back to the Medical Board constituted under Regulation 75. He would submit that this would come under Section 55 of the Act. Learned Counsel for the respondent, on the other hand, would submit that no substantial question of law arises. It is further submitted that this is a case where the assessment of loss of earning capacity was found to be erroneous.