RAJRANI OMPRAKASH SHUKLA Vs. DIRECTOR EMPLOYEES STATE INSURANCE

JUDGEMENT

(1.) The present First Appeal arises out of the judgment and order passed in ESI Application No. 5 of 2003 by the ESI Court, Ahmedabad dated 23.9.2011, by which the application of the Appellants has been rejected on the ground of jurisdiction. The facts of the case are that the deceased workman Ashokbhai Omprakash Shukla was working with Bata India Limited at Madhya Pradesh (Indore) and he died during the course of treatment at Ahmedabad. Therefore the Appellants, who are the mother and sister, filed an application for compensation under the Employees' State Insurance Act, 1948 (hereinafter referred to as "the ESI Act"). After considering the material and evidence, as stated in the impugned judgment, the ESI Court at Ahmedabad has rejected the application on the ground of jurisdiction, which is assailed in the present First Appeal on the grounds stated in the application.

(2.) Heard learned Senior Counsel Shri K.M. Patel appearing with learned Advocate Shri Jigar M. Patel for the Appellants and learned Advocate Shri Hemant S. Shah appearing for Respondent No. 2.

(3.) Learned Senior Counsel Shri Patel referred to the provisions of Section 76 of the ESI Act which provide for the aspect of jurisdiction, and submitted that it is a benevolent Act, and, therefore, liberal interpretation could be made. Learned Senior Counsel Shri Patel has submitted that he had received treatment as per direction, and therefore, the cause of action has arisen in the ESI Court at Ahmedabad. He has also referred to Regulation 77 of the Employees' State Insurance (General) Regulations, 1950 and submitted that, as stated in this, if the death could be reported to any nearest branch office, the medical benefit under the Act could also be made available in the same way.