SHIPRA HALDER Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Let the affidavit of service filed in Court today be kept with the record. The petitioner is the widow of Late Swarup Halder who was an employee of Jai Balaji Industry Limited, i.e. the respondent No. 7 herein. She was insured under the Employees' State Insurance Act, 1948. On April 16, 2012, her husband suffered a cardiac arrest and on April 17, 2012 in the early hour, he died.

(2.) While in service, the husband of the petitioner nominated his mother as his nominee. The retirement benefits except the pension has been given to mother-in-law of the petitioner. The petitioner is getting the family pension from the respondent No. 7. This writ petition by the wife of the deceased is against the refusal of dependant's benefit by the ESI Corporation.

(3.) It appears from the communication dated January 1, 2014 made by the Deputy Director of the ESI, Durgapur that the employer had intimated the office of the ESI Corporation that the husband of the petitioner was working as a contractual employee. He was on off duty on April 16, 2012. The employer had informed the ESI Corporation that it was neither an accidental death nor a death occurring as a result of any occupational decease. Therefore, the ESI authorities decided to accept the claim of the dependant's benefit out of the death of the husband of the petitioner.