S.P. NANAWATY, FACTORY MANAGER. SATNA CEMENT WORKS, SATNA Vs. EMPLOYEES STATE INSURANCE CORPORATION, JABALPUR

JUDGEMENT

(1.) THIS is a Letters Patent Appeal against the decision of a learned Single Judge of this Court dated 25th March 1969 in Miscellaneous (First) Appeal No. 87 of 1968, holding that by virtue of section 43 of the Employees State Insurance Amendment Act, 1966 the provisions of the original Employees State Insurance Act, 1948 relating to the application by the Employees State Insurance Corporation for reimbursing itself with regard to the payment which it had to make to a workman in respect of an employment injury are saved.

(2.) THE circumstances in which the question arose may be briefly stated. One Govindram was employed by Satna Cement Works (appellant No. 2). He sustained certain injuries on 16 -10 -63. The claim of the Employees State Insurance Corporation was that it was entitled to receive some amount in respect of this injury sustained by Govindram as it was employment injury. The Corporation filed an application under section 75 read with section 66 of the Employees State Insurance Act, on 3 -7 -1967. This application was rejected by the Tribunal established under the Act on ground that section 66, which gave a right to the Corporation to reimburse itself from the employer, had been deleted by notification under the Amending Act on 17 -6 -1967 and sub -sections 1 (f) and 2 (c) of section 75, which authorised the Tribunal to decide these matters, had been repealed with effect from 28th January 1968 and consequently the Tribunal had no further jurisdiction to hear the application on merits. Against that order an appeal was filed in this Court and the learned Single Judge on an interpretation of section 43 of the Employees State Insurance Amendment Act, 1966 came to the conclusion that the saving clause retained the Tribunal's jurisdiction. He accordingly directed that the Tribunal should proceed with the application. Against that order the present Letters Patent Appeal has been filed.

(3.) SECTION 66 is as follows : -