LAWS(MPH)-1981-4-27

EMPLOYEES' STATE INSURANCE CORPORATION Vs. BABOOLAL

Decided On April 10, 1981
EMPLOYEES' STATE INSURANCE CORPORATION Appellant
V/S
BABOOLAL Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the Appellant against an order passed by Employees' Insurance Court, Indore in E.S.I. case No. 7/76 dated 20.4.1977.

(2.) THE Respondent No. 1 submitted an application to the E.S.I. Court alleging that he is an employee of the Malwa United Mills, Indore. When he was going to the Mills for performing his duties, he was asked by one Tufansingh and others to strike work but he did not agree to their suggestion and went and joined his duty and when he was returning from his duty at 11 p.m. he was attacked by Tufansingh and others resulting in injury to his hand. He, therefore, prayed for a direction that the Appellant E.S.I. Corporation be directed to treat the injury as an employment injury and give him the benefits to which he is entitled to.

(3.) THE learned Counsel appearing for the Appellant raised two contentions: