- (1.) WE are shocked to note the fact of this case. We feel ashamed in recording those facts.
(2.) AN illiterate or half-literate person working as a labour in M/s. Kesoram Industries Ltd. (Textile Unit) fell down within the factory premises on February 14, 1990 at about 9. 25 a. m. He was taken to the factory hospital, where he was given first-aid treatment and was referred to E. S. L hospital, Manicktala. E. S. I. Hospital, Manicktala treated him at the out-door and referred him to E. S. I. Hospital, Sealdah. E. S. I. Hospital, Sealdah advised him for admission, however, expressing their inability to admit him in absence of vacancy, referred him back to E. S. I. Hospital, Manicktala. Needless to mention, E. S. I. Hospital, Manicktala did not admit him. The ill-fated person was then taken back to his residence. On the next day he was again taken to E. S. I. Hospital, Sealdah when he was admitted and immediately referred to I. D. Hospital, Beliaghata with the remark that he was suffering from rabies. The word "rabies" was mentioned for the first time on February 15, 1990 in the discharge certificate issued by E. S. I. Hospital, Sealdah, appearing at page 32 of the Paper Book. On February 14, neither E. S. I. Hospital, Manicktala nor E. S. I. Hospital, Sealdah mentioned about the said disease, as appearing from pages 33 and 34 of the Paper Book. The ill-fated labour died at the I. D. Hospital on February 17,1990. His wife was at the native place. She rushed from her native place after hearing the news. It is pertinent to mention that despite the fact that the victim visited hospital with the history of fall; the dead body was not sent for post mortem examination. The E. S. I. Authorities did not even care to keep track of what had been happening to the ill-fated worker at I. D. Hospital.
(3.) MR. SUBAL Maitra, learned Advocate appearing for E. S. I. Corporation, contends that as soon as the case was referred to I. D. Hospital, the E. S. I. Authorities did not have any responsibility unless and until the case was referred back to their Hospital again.;