EMPLOYEES STATE INSURANCE CORPORATION Vs. JAMALUDDIN

JUDGEMENT

(1.) It is now 24 years since the employee in the Elgin Mill No. 2, at Kanpur, sustained an injury in his left eye resulting in diminishing of the vision and has still not been granted compensation. The Government is supposed a Model Employer and such inordinate delay is indefensible. It is surprising in the extreme that the Medical Board despite the finding (see page 8/8 of the Medical Board Report) that there was disablement of permanent nature in the vision of the left eye of the worker did not report the disablement of any kind as provided in the provisions of the Act.

(2.) The Entry in Second Schedule under Section 2(15-A) and 15-B of the Employees' State Insurance Act, 1948 as then in force with regard to loss of vision and earning capacity is as follows:

(3.) Clearly, therefore, with regard to schedule, there was partial disablement and yet for some unknown reasons, the Medical Board refused to acknowledge the same while the Eye Surgeon, E.S.I. Hospital, Kanpur vide report dated November 7, 1983 had found loss of vision to the extent of 6/36 in the left eye of the workman. The Employees Insurance Court, Kanpur, therefore, while allowing appeal vide order dated 81 of 1991 of the worker- respondent vide order dated August 1, 1991, rightly rectified the egregiously erroneous view of the Medical Board that the worker was not entitled to any benefit of disablement.