M P ELECTRICITY BOARD JABALPUR Vs. EMPLOYEES STATE INSURANCE CORPORATION INDORE
LAWS(MPH)-1980-5-6
HIGH COURT OF MADHYA PRADESH (FROM: INDORE)
Decided on May 03,1980

M P ELECTRICITY BOARD JABALPUR Appellant
VERSUS
EMPLOYEES STATE INSURANCE CORPORATION INDORE Respondents





Cited Judgements :-

CHHOTELAL VS. REGIONAL DIRECTOR OF EMPLOYEES STATE INSURANCE [LAWS(MPH)-1988-10-6] [REFERRED TO]
EMPLOYEES STATE INSURANCE CORPORATION VS. SWADESH DAILY NEWSPAPER [LAWS(MPH)-1991-4-4] [REFERRED TO]


JUDGEMENT

- (1.)THIS judgment shall govern the disposal of the connected Misc. Appeal No. 104/73 (M. P. Electricity Board and 5 others v. Employees' state Insurance Corpn. , Indore), M. A. No. 105/73 (M. P. Electricity Board and 5 others v. Employees' State Insurance Corp. , Indore), M. A. No. 106/73 (M. P. Electricity Board and 5 others v. Employees' State Insurance Corp. , indore), and also 107 /73 (M. P. Electricity Board and 5 others v. Employees' state Insurance Corp. , Indore), and since all these five appeals arise out of the common order made by Employees' Insurance Court, involving the common point, they were linked together for hearing.
(2.)THESE miscellaneous appeals have been preferred before this Court by the M. P. Electricity Board, and its Officers, shown as appellants, under section 82 sub-section (2) of Employees State Insurance Act, 1948, challenging the order made by the Insurance Court at Indore, on 30th April 1973. The facts giving rise to the proceedings before the Insurance Court, out of which these appeals arise, were as below :-
(3.)RESPONDENT Employees' State Insurance Corporation (hereinafter referred to as the 'corporation'), is a statutory body constituted under the provisions of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'insurance Act' ). The appellant M. P. Electricity Board was the employer of the following 5 persons- (1) Ali Hussain S/o Kadarbhai; (2) Chandrakant; (3) Govind; (4) Madhukar; and (5) Maruti. The appellant board has its power-house at Indore. The aforesaid 5 persons were employed on respective jobs in the said power-house which is undisputedly governed by the provisions of the Factory Act. It was also not in dispute that the provisions of the Insurance Act were applicable to the above-referred establishment of the M. P. Electricity Board. It was further, not in dispute that on 20th of March, 1965, the above referred 5 employees received burn injuries in an accident undisputedly arising out of and during the course of employment. The injuries received by the 5 employees were also admitted to be employment injuries. Since the employees were covered by the policy of insurance, the Insurance Corporation had to pay compensation to them in accordance with the provisions of the Act. The details of compensation paid by the Insurance Corporation to the employees concerned are as below:- JUDGEMENT_490_MPLJ_1981Html1.htm


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