EMPLOYEES STATE INSURANCE Vs. M GANESAN

JUDGEMENT

(1.) Section 46 of the Employees' State Insurance Act (hereinafter referred to as "the Act") sets out the benefits available to the persons covered by that Act. That Section provides, inter alia, that subject to the provisions of the Act, the insured persons --- an "insured person" is defined in Section 2(14) of the Act as a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act --- shall be entitled to, as provided in sub-clause (c) 'periodical payments' if

(2.) Thus, for the purpose of claiming the benefit of periodical payment, the insured person must have incurred the disability as a result of an employment injury sustained as an employee. Employee is defined in Section 2(9) of the Act as any person employed for wages in or in connection with the work of a factory or establishment to which the Act applies. It is not necessary to refer to the other parts of the definition except to the Proviso which reads thus:

(3.) Contribution period is not defined in the Act, but is defined in the Rules in Rule 2(2A) as meaning the period not exceeding six consecutive months, as may be specified in the Regulations. Regulation 4 sets out the contribution periods and the corresponding benefit periods. Contribution periods are from 1st April to 30th September and from 1st October to 31st March of the year following. The corresponding benefit period for the contribution period of 1st April to 30th September, is from 1st January of the following year up to 30th June. For the contribution period from 1st October to 31st March of the year following, the corresponding benefit period is 1st July to 31st December.