Court : Allahabad
Reported in : (1999)IIILLJ140All
Kundan Singh, J. 1. This application under Section 482 Cr. P.C. has been filed by applicant Vishwanidhi Dalmia (Raja) for quashing his prosecution in criminal Case No. 4019 of 1976, pending in the Court of the Chief Metropolitan Magistrate, Kanpur alleging that the Employees' State Insurance Corporation through its Inspector Sri K.K. Sharma has originally filed the above complaint against Sri G.D. Bhardwaj and Sri S.P. Saxena, the occupier and Manager and Principal Employer, respectively, of Durga Enterprises Pvt. Ltd., Malak Nagar, Ghaziabad for violating the provisions of Section 40 of the Employees' State Insurance Act read with Regulation 29 of ESI (Gen.) Regulations, 1950 and for offences committed under Section 85-A and 85-B of the Act. The sanction for prosecution of Sri G.D. Bhardwaj and Sri S.P. Saxena alone was obtained which is annexed as Annexure-2 to the petition, but later on the names of applicant Vishwanidhi Dalmia(Raja)and Vidyanidhi Dalmia as Directors of the aforesai...
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC252; (2007)ILLJ45All
Barkat Ali Zaidi, J.1. Respondent-worker Mohd. Asfaq at Kanpur sustained an employment injury in his left hand on 10.7.1978. He was referred under the provisions of the Employees State Insurance Act, 1948 to the Medical Board for determination of his disablement, in consequence thereof the Medical Board after examining him found 3% permanent loss of his earning capacity awardable to the worker. The said loss was calculated at Rs. 2066.25 which the relevant office of the Corporation paid to respondent-worker as loss of his earning capacity after sending the respondent-worker a letter of information dated 7.10.1980.2. The respondent-worker, thereafter, preferred an appeal No. 81 of 1980 (Mohd. Asfaq v. E.S.I. Corporation) under Section 54A of the afore noted Act on 23.10.1980 before the Employees' Insurance Court, Kanpur, which the judge allowed partly and thereby modified the decision of the Medical Board to the extent that the worker Mohd. Asfaq will be awarded 5% loss of his earning c...
Tag this Judgment!Court : Allahabad
Reported in : I(1995)ACC204; [1995(70)FLR405]; (1996)ILLJ482All
S.R. Singh, J.1. This appeal is directed against the judgment and order dated March 13, 1980 passed by the Employees' Insurance Court, Kanpur in Suit No. 10 of 1977 : Smt. Raj Kali Devi v. Employees' State Insurance Corporation through the Regional Director, Employees, State Insurance Corporation and Anr. 2. The facts giving rise to the suit are not in dispute. Late Sri Hanuman Prasad the son of the respondent-applicant sustained employment injury on July 12, 1976 and died on the spot. The deceased was admittedly an 'insured' person within the meaning of Section 2(14) of the Employees' State Insurance Act, 1948, in short the Act, and the respondent-applicant Smt. Raj Kali devi 'dependent' within the meaning of Section 2(6-A)(i) of the said Act being the widowed mother of the 'insured' person. Her claim for dependents' benefits under Section 52 of the Act read with the 1st Schedule was based on the ground that a divorce had taken place between her son, the 'insured' person, and his wife...
Tag this Judgment!Court : Allahabad
Reported in : [1995(71)FLR296]; (1996)ILLJ243All
D.S. Sinha, J. 1. Heard Sri B. N Asthana, learned Senior Advocate appearing for the appellant and Sri A. K. Sachan, learned counsel appearing for the contesting respondent, at length and in detail. 2. These appeals under Section 82 of the Employees' State Insurance Act, 1948, hereinafter called the Act, are directed against orders and judgments of the Addl. City Magistrate II, Kanpur constituted as Employees' Insurance Court under the Act. 3. The appellant contends that the impugned orders and judgments are void as on the dates of passing of the impugned orders and judgments the Addl. City Magistrate II, Kanpur had ceased to be the Employees' Insurance Court and in his place the Civil Judge, Kanpur had been constituted as the Employees' Insurance Court under the Act with effect from May 17, 1988, the date of notification under Section 74(1) of the Act. 4. Submission on behalf of the respondent is that the Addl. City Magistrate II, Kanpur was the Employees' Insurance Court under the Act...
Tag this Judgment!Court : Allahabad
Reported in : IV(2006)ACC206; 2006(4)AWC4224; [2006(110)FLR856]; (2007)ILLJ70All
Barkat Ali Zaidi, J. 1. It is now 24 years since the employee in the Elgin Mill No. 2, at Kanpur, sustained an injury in his left eye resulting in diminishing of the vision and has still not been granted compensation. The Government is supposed a Model Employer and such inordinate delay is indefensible. It is surprising in the extreme that the Medical Board despite the finding ( see page 8/8 of the medical board Report) that there was disablement of permanent nature in the vision of the left eye of the worker did not report the disablement of any kind as provided in the provisions of the Act.2. The Entry in Second Schedule under Section 2(15A) and 15B of The Employees' State Insurance Act, 1948 as the then in force with regard to loss of vision and earning capacity is as follows:At Serial No. 32:- Lass of vision of one eye without complications or disfigurement of eye-ball, the other being normal- Percentage of loss of Earning capacity-30. 3. Clearly, therefore, with regard to schedule...
Tag this Judgment!Court : Allahabad
Reported in : I(1995)ACC188; 1995ACJ996; [1995(70)FLR579]; (1995)IILLJ869All
S.R. Singh, J.1. This appeal under Section 82 of the Employees State Insurance Act, 1948 (in short 'the Act') is directed against the order dated September 29, 1984 of the Employees Insurance Court, Kanpur and raises substantial question as to scope and ambit of the appellate power of the Employees Insurance Court under Section 54A(2)(i) of the Act.2. Brief facts necessary to highlight the question involved in this appeal may be stated as thus: the appellant Ram Awadh, who is admittedly an insured person for the purpose of the Act, on August 19, 1982 sustained employment injury in his right eye which according to him resulted into permanent partial loss of vision of the injured eye to the extent of 6/24 as reported by Eye Specialist and accordingly he claimed 30% Permanent disablement benefit under the Act. The Medical Board in its decision dated February 28, 1983 found 'no functional loss' in the injured eye and further 'malingering test positive' and accordingly it held that the appe...
Tag this Judgment!Court : Allahabad
Reported in : IV(2005)ACC294; 2005(4)AWC3289; [2005(106)FLR968]
O.N. Khandelwal, J.1. This appeal under section 82 of the Employees State Insurance Act, 1948 (hereafter referred to as the ESI Act) has been filed against the order dated 27.4.1992 passed by the Employees Insurance Court, Kanpur.2. The respondent employee sustained employment injuries in his left ear on 30.10.1992 when he was on duty in the Elgin Mill No. 2 Kanpur. The first certificate was issued by the Insurance Medical Officer on 31.10.1992. He was administered analgesic and antibiotic medicines and remained under the continuous treatment from 31.10.1992 to 9.11.1992. Form No. BI (1) (a) duly filled by the Insurance Medical Officer was sent for information of the Medical Board. The Medical Board in Form BI (2) entered details and other employment injuries that of left eye on account of accident dated 9.6.1978, of left knee on account of accident dated 6.10.1987. The Medical Board vide its report dated 23.12.1992 examined and foundInjury (left) earO/E (On examination) no external sc...
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2351; [2004(102)FLR657]; (2004)IIILLJ986All; (2004)3UPLBEC2468
Arun Tandan, J.1. Heard Sri Satish Chaturvedi, Advocate, on behalf of the petitioner, Sri P. K. Asthana, Advocate, on behalf of respondent Nos. 1 and 2, and learned standing counsel, on behalf of respondent No. 3.2. The Regional Director, Employees State Insurance Court, Ghaziabad passed an order dated 11.11.1985 demanding an amount from the petitioner, employers to the tune of Rs. 35,035.00 plus interest of Rs. 37,34.30 towards their contribution under Employees State Insurance Act. Against the said order, the employers filed the case in the Court of Employees State Insurance, Court Ghaziabad, being Case No. 181 of 1983, under Section 75 of the Employees State Insurance Act, 1948. In the said suit the employers had also filed an application for waiver of the deposit of 15% of the disputed amount as required under Section 75(1B). The said waiver application has been rejected by Employees State Insurance Court, Ghaziabad by means of a non-speaking order dated 20.6.1986. Against this ord...
Tag this Judgment!Court : Allahabad
Reported in : (1999)ILLJ846All
R.K.Mahajan, J. 1. This is an appeal against the order of Employees' State Insurance Court, Ghaziabad dated February 3, 1981 in case No. 3 of 1980 by virtue of which damages amounting to Rs. 5,618/- were levied under Section 85B of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act) on account of making late payment of contribution for the period September, 1975 to January, 1976. The grievance of the appellant is that the payment of the contribution due on the part of the employer along with interest for delayed payment has been paid and it was illegal and not warranted under law to levy the damages. The appellant is a Company which is covered under the Act and there is no dispute. It is also not disputed that they have been paying the contribution and there was delay in making contribution for the period of March, 1976 to July, 1977. This fact is also not disputed. Rather the interest was paid under Regulation 31-A of E.S.I.(General) Regulations, 1950 for lat...
Tag this Judgment!Court : Allahabad
Reported in : (1996)IILLJ950All
B.K. Roy, J.1. The petitioner prays to quash (i) the order of reference of the appropriate Government (State of U.P. - Respondent No. 4) as contained in An-nexure-1 and (ii) the award dated September 14, 1981 of the Presiding Officer, Labour Court, Ghaziabad (Respondent No. 2) in Adjudication Case No. 151 of 1979.The Facts:2. Respondent No. 3 Kartar Singh Tyagi was employed as an Apprentice-chemist in the Establishment of the petitioner. On July 7, 1978 he did not report to work. Respondent No. 3, on the other hand, took up a plea that on account of ailment of his wife he went to his home to attend her after sanction of leave from July 7, 1978 to July 27, 1978 by the Chief Chemist Sri K.K. Singh and that on July 28, 1978 he himself fell ill and his illness continued till August 3, 1978 and got himself treated from July 28, 1978 to August 3, 1978 in the Employees State Insurance Dispensary, Kiran Colony, Ghaziabad and after obtaining medical certificate on August 4, 1978 he went to join...
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