RADHABEN GOPALBHAI Vs. EMPLOYEES STATE INSURANCE LTD

JUDGEMENT

(1.) The present appeal arises from an order dated 25-5-2001 passed by the Employees' Insurance Court, Ahmedabad, in ESI Application No. 12 of 1992 whereby the application of the appellants was dismissed.

(2.) In brief, it is the case that husband of the appellant No. 1 while working in Subhlaxmi Mills on 17-8-1991 died due to chest disease in a hospital. To get the dependency benefits being legal heirs of the deceased, the appellants filed an application in the EI Court, Ahmedabad, after serving a notice on the respondent. On recording the evidence of the witnesses and considering the documents on record, the EI Court dismissed the application of the appellants.

(3.) Being aggrieved by the said dismissal, the appellants preferred First Appeal No. 2306 of 1995. Learned Single Judge of this Court was of the opinion that since no substantial question of law was involved in the appeal and tuberculosis of lungs cannot be said to be an 'occupational disease', as defined under Section 52A of the Employees State Insurance Act, 1948, ('the Act' for short), the provisions of Section 96 of the Code of Civil Procedure could not be invoked by the appellants and hence, the appeal was summarily dismissed.