REGIONAL DIRECTOR Vs. SHAKEENABIBI MUNARASHKHAN PATHAN

JUDGEMENT

(1.) Heard learned advocate Mr. Jitendra Malkan for appellant- ESI Corporation and learned advocate Mr. B.A. Vaishnav for respondent No. 1-original claimant.

(2.) The appellant-ESI Corporation has challenged judgment and order passed by ESI Court, Ahmedabad in ESI Application No. 1/2002, Exhibit 41, dated August 23, 2005, whereby, ESI Court has awarded dependence benefits in favour of I respondent No. 1-claimant under Section 52 read with Schedule-I, because death of her husband occurred on October 7, 1995, which was considered to be an employment injury by ESI Court.

(3.) Learned advocate Mr. Malkan submitted that present appeal is preferred by appellant-ESI Corporation under Section 82 of ESI Act. He submitted that ESI Court has committed gross error in deciding the application submitted by respondent No. 1. He also submitted that death of deceased was not occurred during course of employment and matter is required to be remanded back to ESI Court and substantial question of law is that, whether the ESI Court has jurisdiction to consider that death of deceased employee can be considered as the death in due course of employment or- not and whether ESI Court has jurisdiction or not? Except that, no other submission is made by learned advocate Mr. Malkan before this Court.