BHANWAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners Bhanwar Lai and Smt. Bhuri Bai are the parents of deceased Bheru Gujar, who was an insured person under the Employees State Insurance Act, 1948 (here in after referred to as The Act.') According to the petitioners talc Bheru died of an employment injury, received during the course of his employment, on 19.7.1985. The petitioners further alleged that late Bheru had married Samhhari just twelve months prior to his death. After the death of Bheru, his widow Samhhari remarried with in fifteen days and went away to her new home.

(2.) The petitioners applied for dependents benefit under the Act which was denied to them by the E.S.I. Corporation on the ground that at the time of insured person's death his wife Samhhari, who fell in the first category of dependents was alive and therefore the petitioners who were in the Second category of dependents were not entitled to dependent's benefit under the Act,

(3.) The petitioners contend that the ESI Corporation is not paying any dependents benefit to the widow of late Bheru on the ground that she has remarried and are also not paying the petitioners on the ground that they are not eligible for the benefit in the presence of the widow. According to the petitioners this act of the ESI Corporation was extremely arbitrary especially when other remedies including that under the Workmen's Compensation Act has been barred under Sec. 51 of the Act. The result is that the ESl Corporation has deemed itself absolved of all the responsibility to pay dependents benefit in the case. The petitioners have also prayed for declaring the provisions of the Act, which permit such a situation, to he declared ultra vires the Constitution of India being arbitrary and violative of Art. 14 of the constitution of India.