RADHEYSHYAM Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THIS is an appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short the 'act') against the judgment dated 27. 7. 87 passed in Case No. 130 of 86 E. S. I. by Shri P. R. Reddy, Judge, Employees' Insurance Court, Ujjain (M. P.) whereby the application of the applicant for grant of disablement benefits was dismissed.

(2.) SHORT facts, leading to this appeal, are that the appellant who was an insured person bearing No. 296529, was employed in the Bleaching Department of Vinod Mills, Ujjain, who on 4. 1. 85, during the course of his employment at about 6. 40 a. m. received an employment injury in the palm of the right hand, the report of the accident was then sent by the employer, and the employee was treated in the Employees' State Insurance Hospital. The employee remained on sick leave up to 15-1285, but he was denied sickness benefit and also permanent/partial disablement benefit, though, according to the appellant, he was referred for the recommendation of the Medical Board appointed by the respondent Employees' State Insurance Corporation, which is a statutory body under the Act. Hence the appellant presented an application under Section 75 of the Act before the Employees' Insurance Court (for short the E. I. S. Court) Ujjain and claimed temporary disablement benefit of Rs. 7224/- for a period of 344 days i. e. from 5. 1. 85 to 15. 12. 85.

(3.) AFTER notice, respondent filed the written statement and contended that the accident report was received late on 19-2-1985 in contravention of Regulation 68 of E. S. I. (General) Regulations, 1950 (hereinafter called the Regulations ). In the special pleas the respondent contended that the Court had no jurisdiction to decide the eligibility of the applicant to temporary disablement benefit under Regulation 51 of the Regulations. The respondent further contended that no cause of action arose to the appellant to approach the E. I. Court in view of the provisions of Section 77 (1) (1-a) (a) of the Act and Regulations 51, 61, 63 and 64. Lastly it was contended that the applicant be directed to produce prescription slip/medical treatment papers relating to the alleged injury sustained by him on 4. 1. 85 to decide the question of entitlement of the appellant to temporary disablement benefit under law.