Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1948--Sections 2(14) 53 Employees' State Insurance Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employees' State Insurance Act, 1948--Sections 2(14), 53-Death of employee during course of employment with employer-Registration with Insurance Corporation after the death of employee-Proceedings under Compensation Act-Applicability of the Insurance Act on the employee-Held, employee is 'insured person' under the Act-Date of payment of contribution is not very material-Date of commencement is from the date of employment of the employee-Proceeding under Compensation Act barred-Employees' State Insurance (Central) Rules, 1950-Rule 58(2)(b)(u)-Employees' State Insurance (General) Regulations, 1950-Workmen 's Compensation Act, 1923. Deceased employee died in the course of his employment with the appellant-employer. Application for registration with Employees State Insurance Corporation for the purpose of insurance was submitted and registration was granted after the death of the employee. Respondent claimant filed application under Workmen's Compensation Act, 1923. Maintainability of the proceeding was questioned on the ground that entertainment of such application was barred by Section 53 of Employees' State Insurance Act, 1948. Commissioner for workmen Compensation held that deceased employee was covered under Insurance Act and was an "insured person" as contemplated under Section 2(14) of Insurance Act. In appeal High Court held that Section 53 of Insurance Act was not applicable and deceased employee could not be treated to be an insured person; and that since registration was outcome of contract between the employee and the Corporation, employee could be covered by the benefits of the Insurance Act only when registration is granted to him and not at an anterior point of time. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2002 INSC 572 |
Petitioner | M/s. Bharagath Engineering |
Respondent | R. Ranganayaki And Anr. |
SCR | [2002] Supp. (5) S.C.R. 642 |
Judgement Date | 2002-12-20 |
Case Number | 8623 |
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