P.R. Shivakumar, J. - (1.) C.M.P. No. 1092 of 2002 is allowed vide separate order and the Employees' State Insurance Corporation represented by its Regional Director (Tamil Nadu and Pondicherry), Chennai- 600034, is impleaded as the respondent No. 2.
(2.) Heard the submissions made by Mr. N. Manoharan, learned counsel appearing on behalf of the appellant and Mr. D. Hariparanthaman, learned counsel appearing on behalf of respondent No. 1 and Mrs. Jayakumari, learned counsel appearing on behalf of the respondent No. 2 (newly impleaded party).
(3.) The management of Jothi Calendering Mills, 42, Vivekananthar Salai, Nasianur Main Road, Erode-9 has preferred the civil miscellaneous appeal under section 30 of the Workmen's Compensation Act, 1923, challenging the award passed by Deputy Commissioner of Labour, Salem, in his capacity as Commissioner for Workmen's Compensation on 31.1.2002 in W.C. No. 230 of 1999 directing the said management to pay a sum of Rs. 48,801 as the compensation for the employment injuries sustained by respondent No. 1 herein in an accident that arose in the course of and out of his employment under the appellant management on 16.2.99. The award of the Commissioner for Workmen's Compensation is challenged solely on the ground that the claim under the Workmen's Compensation Act is not maintainable because the employee, namely, the respondent No. 1 herein, at the relevant point of time was covered by the provisions of the Employees' State Insurance Act, 1948. The learned counsel for the appellant drawing the attention of this court to section 53 of the Employees' State Insurance Act, 1948 contends that an employee to whom the provisions of the Employees' State Insurance Act are applicable can make claim for the benefits under the said Act alone and is not entitled to claim compensation under the Workmen's Compensation Act.;