E.Soman v. Director, Employees State Insurance Coroporation

Kerala HC5 Dec 2012WP(C)/28960/2012

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought an order directing the Employees State Insurance Corporation to disburse disability benefits for severe persistent asthma, assessed at 50% permanent disability. The High Court disposed of the petition by directing the first respondent to take necessary steps to disburse the calculated amount of Rs.4,060 per day within one month.

What did the court decide?

The first respondent directed to pass consequential orders to disburse the disablement benefit of Rs.4,060 per day within one month.

E.Soman Vs Director, Employees State… — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934

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WP(C).No. 28960 of 2012 (T)

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PETITIONER(S):

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E.SOMAN, S/O. SAMI, AGED 54 YEARS, EDAKKOTH KIZHUVANA PARAMBA HOUSE, NALLALAM P.O., KOZHIKODE.

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BY ADV. SRI.CIBI THOMAS

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RESPONDENT(S):

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1. THE DIRECTOR, EMPLOYEES STATE INSURANCE COROPORATION, BRANCH OFFICE, FEROKE, KOZHIKODE - 673 001.

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2. THE REGIONAL DIRECTOR,

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ESI CORPORATION, TRICHUR - 680 001.

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3. THE DEPUTY DIRECTOR, DIVISIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, HOUSE FED COMPLEX, SASTHRI NAGAR ROAD, ERNAHIPALAM, KOZHIKODE - 673 006.

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BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.28960/2012 T

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1-TRUE COPY OF THE ORDER DATED 30/04/2009 OF THE EMPLOYEES INSURANCE COURT, KOZHIKODE.

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EXHIBIT-P2-TRUE COPY OF THE JUDGMENT IN INSURANCE APPEAL NO. 18/2010 DATED 22/09/2010.

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EXHIBIT-P3-TRUE COPY OF THE ORDER DATED 16/08/2012 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT-P4-TRUE COPY OF THE COVERING LETTER SENT BY THE PETITIONER TO THE IST RESPONDENT.

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

HARUN-UL-RASHID, J.

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W.P.(C).No.28960 Of 2012

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Dated this the 5^th day of December, 2012.

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J U D G M E N T

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The writ petition is filed seeking a direction directing the respondents to disburse the amounts and benefits due to the petitioner from the date of his resignation onwards without delay.

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Heard the learned counsel for the petitioner and

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learned standing counsel for the respondents.

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The application submitted by the petitioner seeking a declaration that the “Severe Persistent Asthma” afflicted to him is an employment injury/occupational disease and therefore he is entitled to get all consequential benefit. The Employees Insurance Court, Kozhikode allowed the claim holding that the Severe Persistent Asthma afflicted to the petitioner is an employment injury/occupational disease and he is entitled for all consequential benefits under the Scheme. Ext.P1 is the order dated 30.4.2009 passed by the Employees Insurance Court. Ext.P1 order was challenged by the 2^nd respondent before this Court as Insurance Appeal.No.18/2010. This Court set aside Ext.P1 order and directed the Employees Insurance Court to

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::2::

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W.P.(C).No.28960 Of 2012

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constitute a Medical Board to examine the applicant. Subsequently, the Medical Board constituted examined the petitioner on 20.7.2012. The Medical Board assessed the degree of permanent disability of the petitioner as 50% and on the basis of the finding of the Medical Board, the 3^rd respondent issued Ext.P3 communication directing the petitioner to approach the 1^st respondent finding that the daily rate of disablement benefit will be Rs.4,060/- paise per day. Aggrieved by the inaction on the part of the respondents in not disbursing the legitimate amount

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due to the petitioner, the petitioner approached this Court seeking the aforesaid reliefs.

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In the facts and circumstances noticed above, the writ petition is disposed of directing the 1^st respondent to pass consequential orders on the basis of Ext.P3 communication, within a period of one month from the date of receipt of a copy of this judgment.

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bkn/-

E.Soman v. Director, Employees State Insurance Coroporation

Case brief

What is this about?

What did the court decide?

E.Soman v. Director, Employees State Insurance Coroporation

Case brief

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