A. JABAMALAIMANI Vs. BRANCH MANAGER

JUDGEMENT

(1.) The present appeal has been filed challenging the order of E.S.I. Court, Tirunelvlei wherein the prayer of the appellant for declaring his disability at 100% and for consequential permanent pension was rejected. Factual Matrix:

(2.) The appellant/employee was working in the second respondent Mill as an Electrician and on 1/8/1998, he sustained injuries in his head and neck due to an industrial accident. In view of the said industrial accident, the employee was paid temporary disablement benefit for a period of 230 days between 2/8/1998 and 20/3/1999 to a sum of Rs.33,166.00. Thereafter, at the request of the employee, he was referred to Medical Board for examination to find out whether there is any permanent disablement as a result of the industrial accident or not. The Medical Board by way of their report dtd. 27/5/1999, concluded that there is no permanent disablement. The Board further found that the symptom will not cause any incapacity for his work. Based upon the said Medical Board report, cash benefit was not extended to the employee. The decision of the Medical Board was communicated to the employee by the Regional Office of E.S.I. Corporation, Madurai on 11/8/1999.

(3.) The employee had rejoined the second respondent industry. Thereafter, he resigned with effect from 6/11/2003. In the year 2015, the employee has chosen to file E.S.I.O.P.No.21 of 2015 to declare that he has sustained 100% disability and he is entitled for pension.