DEPUTY REGIONAL DIRECTOR Vs. YASODA

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed by the ESI Corporation Limited against the judgment and Decree dated 6.8.2001 made in ESI.OP. Nos. 46 and 114/2001 by the ESI Court (Labour Court), Coimbatore.

(2.) The case of the Petitioners/claimants in ESI.OP. No. 46/2001 is that the 1st Petitioner's husband, namely, Veerasamy, an employee of the 1st RespondentM/s. Pankaja Mills, Coimbatore, met wit an accident on 25.10.1990 at about 6.40p.m., when he came out of the spinning room, a rod placed in the polythene cover struck him and pierced his throat as a result of which, he died at the spot. The deceased was appointed in the said Mills on 1.3.1988 and his last drawn salary wasRs.1695.84/-. According to the Petitioners, who are the legal heirs of the deceased Veerasamy, he was a beneficiary under the Employees State Insurance Act and he paid the ESI Contribution from October 1989 to March 1990 and the corresponding benefit period was from July 1990 to December 1990. Hence, the Petitioners claimed disability benefits of the deceased worker from the date of the accident.

(3.) In so far as the Petitioner/claimant in ESI.OP. No. 114/2001 is concerned, she was working in the Carding in the 1st Respondent M/s. Prasanth Textiles and on 23.1.1995, when she was working in the Reeling Section, she metwith an accident and her left foot was crushed in between the drive shaft pulley and the floor, resulting in a deep cut injury on the left foot. Immediately, she was taken to the Hospital and her left foot was removed and thus she suffered a permanent disability. At the time of the accident, she was drawing a salary exceeding Rs. 3000/-. Since the accident took place only during the benefit period, the 2nd Respondent ESI Corporation Limited is liable to pay the disablement benefits to the Petitioner/claimant.