GEE ISPAT PVT LTD Vs. BABY

JUDGEMENT

(1.) THE workman died from injuries recieved in an accident while he was returning home from his place of work, i.e., the establishment of the employer Company, the petitioner before this Court. A claim petition was instituted before the Employee's Compensation Commissioner, Sonepat in which an objection was taken by the employer that the accident is not covered under the provisions of the Employee's Compensation Act, 1923 in view of the statutory bar contained in S.53 of the Employees' State Insurance Act, 1948. Section 53 reads as follows: -

(2.) IT is not disputed before this Court that the petitioner -Company is covered by the provisions of the Employees' State Insurance Act, 1948 and the workman was an 'insured person' covered by the Act. Therefore, the claim in this case clearly lies not before the Employee's Compensation Commissioner but before the adjudicatory machinery provided under the ESI Act. It may be noted that fatal accident occurred on 19th December, 2012 after S.51 -E of the ESI Act, 1948 was introduced in the law. In view of this amendment to the ESI Act, Mr. Manuja is correct in his contention that the action brought before the Commissioner Workman's Compensation was not maintainable since the action would lie before the Employees' State Insurance Court. Therefore, the present proceedings before the Commissioner deserve to be terminated by sustaining the objection as to maintainability. They are accordingly terminated.

(3.) HOWEVER , instead of the claimants being compelled to present a fresh application before the Employees' State Insurance Court to claim compensation it is found expedient to order the transfer of the judicial file from the Board of the Commissioner Employee's Compensation, Sonepat and to direct transfer of that file to be placed before the competent authority under the Employees' State Insurance Act exercising territorial jurisdiction over the area in which the death occurred. Both parties have consented to this order in order to save time as neither death nor relationship of employment is disputed.