Hon'ble Sudhir Agarwal, J. - (1.) THE respondent No. 2 - workman is an employee of Dakshinanchal Vidyut Vitran Nigam Ltd., which is having its own identity, and financial liability ultimately falls upon it, but he has chosen not to approach this Court, therefore, objection was raised on behalf of petitioner workman regarding maintainability of the writ petition.
(2.) LOOKING to the nature of the dispute, I am not entering into this controversy, since, in my view, the matter can be considered on merit and decided, hence I proceed to consider the matter and decide it. The writ petition is directed against the order dated 11.10.2006 passed by the Presiding Officer, Labour Court - (IV), Kanpur in Misc. Case No. 69 of 2005 under Section 33 - C (2) of the Industrial Disputes Act (hereinafter referred to as the Act) accepting the claim of the respondent-workman Daya Shanker Sharma for reimbursement of medical expenses to the tune of Rs. 2,06,500/- in respect of treatment relating to heart ailment, which he has undergone at Escort Heart Centre, Kanpur between 2.7.2003 to 23.7.2003. Heard Shri Rajendra Kumar Mishra, learned counsel for the petitioner and Shri Sanjay Kumar Pandey, learned counsel appearing on behalf of respondent- workman.
(3.) SHRI Rajendra Kumar Mishra, learned counsel for the petitioner contended that Escort Heart Centre, Kanpur was not approved medical hospital for the purposes of medical reimbursement in view of Office Memorandum dated 24.5.1978 and hence, the expenses incurred thereat were not permissible to be reimbursed and the labour Court has acted illegally in allowing the claim of respondent - workman, in this regard. It is not in dispute that there is no limit with respect to medical reimbursement in respect to respondent - workman. Regarding quantum of amount also there is no dispute. If the workman had incurred the expenses to the tune allowed by the labour Court, the same were payable to him provided it is reimbursable. The seriousness of the ailment of the workman is also not disputed. It is an admitted position that during the aforesaid period the workman was implanted with pace maker and thereafter, he had to undergo heart surgery at Escort Medical Research Centre, New Delhi. The expenses incurred by the workman at New Delhi have been reimbursed, since Escort Medical Research Centre, New Delhi is in the approved list of the petitioner.;