C INDIRA Vs. SENTHIL AND CO

JUDGEMENT

(1.) BY consent of both sides the writ petition is taken up for final disposal.

(2.) PRAYER in the writ petition is to quash the order dated 18.2.2004 passed by the third respondent declining the request of the petitioner to pay the dependant benefits consequent to the demise of her husband on 30.11.2002.

(3.) THE learned counsel appearing for the petitioner submitted that the death of petitioner's husband occurred within the premises of the factory of the first respondent during the course of the employment and there is a presumption under section 51-A of the Employees' State Insurance Act, 1948. THE learned counsel also submitted that the funeral expense is also paid by the ESI Corporation as the first respondent management was contributing for the ESI Claims on behalf of the workmen, including that of the petitioner's husband and therefore the petitioner is entitled to get dependant benefits under the ESI Act, 1948.