STATE OF ORISSA Vs. KAILASH CHANDRA NAYAK

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated May 2, 1994 passed by the learned District Judge-cum-Employees Insurance Court, Cuttack in E.S.I. Misc. Case No. 7/1994 allowing the prayer of the respondents and directing the Superintendent, E.S.I. Hospital, Choudwar to verify the Out Patient Register for the period from May 7, 1992 to June 21, 1992 and ascertain the nature of disease which the employees named therein suffered and further directing that if on verification it is found that the disease was of such nature which would have necessitated certain employees to abstain from duty, such employees should be issued regulation certificate whereupon the authority shall extend them sickness benefits in accordance with law.

(2.) The respondents are the employees of the Orissa Textile Mills (in short 'O.T.M,'), Choudwar, Cuttack which is a Government of Orissa Undertaking and is covered under the E.S.I. Act. The Act provides for grant of cash benefits to the employees/workers during sickness and maternity period and also to the injured who receive injury in course of employment. A lock out was declared in the Mill from May 7, 1992 to June 21, 1992. During the aforesaid period of lockout, it is alleged that some of the workmen were provided with sickness benefits but later on the amount had been recovered from them in contravention of the Act. It is also the case of the respondents that so far as other employees are concerned, who fell ill and were treated in the E.S.I Hospital were not provided with sickness certificate, as a resuit of which, the benefits granted under the Act had not been extended to them. Having not received the benefits during the aforesaid period, they had approached this Court in O.J.C. No. 9547/1992. The said writ application was disposed of at the stage of admission with observation that the respondents should approach the appropriate E.S.I. Court for the relief claimed. Accordingly, after disposal of the writ application, the respondents filed an application under Section 75 of the Employees State Insurance Act, 1948 (hereinafter called 'the Act') before the learned District Judge, Cuttack which is the Employees Insurance Court. The grievance of the respondents as is evident from the application filed is that during the period of lockout from May 7, 1992 to June 21, 1992 several workmen were treated in the E.S.I. Hospital and their names had been duly entered in the register but no sickness certificate was issued to them. In the absence of sickness certificate, such workmen who have been treated in the E.S.I. Hospital could not avail the benefits provided under the Act and accordingly, prayed for extension of such benefits for the period they were treated in the E.S.I. Hospital.

(3.) Present appellants filed objection stating therein that cash benefits for sickness, maternity, death, disablement etc. are given by the E.S.I. Corporation on the basis of the prescribed medical certificate issued by the Medical Officers of the E.S.I. Dispensary or Hospitals. A sickness benefit, which is the cash benefit to be paid by the local office of the E.S.I. Corporation, is given on the strength of regulation certificate issued by the Insurance Medical Officer of the E.S.I. Hospital. The lockout was declared in the O.T.M. from May 7, 1992 to June 21, 1992. During that period, all medical benefits were provided to the insured persons of the Mill. However, regulation certificates were not issued to such sick employees to enable them to get cash benefit because of the reason that their case did not come within the ambit of law. It is also the case of the appellants before the learned District Judge that before issuance of such certificate, the Medical Officer has to be satisfied that the insured person requires medical treatment and attendance and that his condition necessitates to abstain from work. Since a lockout had been declared in the O.T.M. for the aforesaid period, the question of issuance of regulation certificate did not arise. The learned District Judge-cum-E.S.I. Court arrived at a finding that the lockout declared was illegal and, therefore, the insured workmen who had been treated in the E.S.I. Hospital during the period of lockout are to be given cash benefits. Having held thus, the trial Court directed the appellants to refer to the register and find out the names of the workmen who had been treated during the lockout and issue regulation certificates to them for the purpose of obtaining the cash benefit.