AMALENDU KAR Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 31.5.1996 passed by the District Forum, Sonitpur, Tezpur in C.P. Case No. 28/94. By the aforesaid order, the complaint was dismissed by the learned District Forum.

(2.) THE complainant is a beneficiary of the Employees State Insurance Corporation, Tezpur. He claimed for reimbursement of some amount with penal interest alongwith compensation for harassment as well as for litigation expenses.

(3.) THE bone of contention between the parties, is that the ESI Court has no jurisdiction to hear the matter, as the jurisdiction of the other Forums have been ousted by Section 75(3) of the Employees State Insurance Act, 1948. Section 75(3) is quoted below :