REGIONAL DIRECTOR Vs. JANABEN PRAINBHAI

JUDGEMENT

(1.) The present first appeal is filed by th appellant-ESI Corporation under section 82(2) of the Employees State Insurance Corporation Act, 1948 challenging the judgment and order in ESI Application No. 42 of 1997 by the ESI Court dated 28.10.2005 granting the application of the respondent workman. The appellant has challenged the said order posing substantial questions of law as required under section 82 and stated in the memo along with the grounds.

(2.) Heard learned advocate Shri Hemant Shah for the appellant ESI Corporation.

(3.) Learned advocate Shri Shah referred to the background of facts and submitted that the court below has committed an error in not considering that the deceased had not died due to employment injury or occupational disease but he died because of bilateral Pul. TB. He emphasised that he was suffering from the decease since 1991and expired on 25.6.1995 and therefore it cannot be said that he died due to occupational disease. Learned advocate Shri Shah strenuously submitted that it cannot be said to be en employment injury as provided for the purpose of benefit under the ESI Act. In support of his contentions he has referred to the papers as well as the reasons recorded by the court below and submitted that the court below has committed an error in granting the application. He therefore submitted that the present appeal may be allowed.