REGIONAL DIRECTOR Vs. NARANBHAI VALJIBHAI

JUDGEMENT

(1.) The Regional Director, ESI Corporation, Ahmedabad (orig.respondent), the appellant herein has filed this appeal under Sec.82(2) of the Employees State Insurance Act, 1948 (hereinafter referred to as 'the Act' for short) against the judgment and award dated 29th May 2003 passed by the ESI Court No.1, Rajkot, Gujarat in Second Appeal (ESI) No.1 of 2000 filed by the appellant Regional Director, ESI in this behalf. By the impugned order, the learned Judge was pleased to dismiss the appeal of the Corporation and confirmed the order dated 28th Aug.2000 passed by the Medical Appeal Tribunal, Rajkot in M.A.T. No. 1 of 1993 is confirmed.

(2.) The brief facts of the case are that:

(3.) Mr.Pankaj Desai, learned advocate for the respondent has submitted that the aforesaid medical reports had been obtained by threat and intimidation of the respondent-workman and therefore, the Tribunal has held that the respondent has 90-100% of hearing loss in this behalf. Mr.Desai, learned advocate for the respondent workman has relied upon the decision of the Andhra Pradesh High Court in the case of E.S.I.Corporation, Hyderabad v. P.Srinivasa Reddy and anr., reported in 2007(1) LLJ 397 wherein it has been held that th disability assessed by the ESI Court at 40%, despite totally negative finding by Medical Appeal Tribunal, the assessment of ESI Court upheld as proper.