ARUN KUMAR GUPTA Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) This Revision Petition is directed against the order of the State Consumer Disputes Redressal Commission, Delhi dated 27th March, 1996 dismissing the complaint of the revision petitioner. The facts of the case given rise to this revision petition are:

(2.) Aggrieved by the order of the District Forum, the Employees State Insurance Corporation preferred an appeal before the State Consumer Disputes Redressal Commission, Delhi, assailing the order of the District Forum. None appeared for the complainant. After hearing the Authorised Representative of the appellant, the State Commission allowed the appeal and dismissed the complaint. The State Commission returned the finding that Employees State Insurance Act was a special Act, governing, amongst other things, dispute regarding the benefits available to the employees covered by the Act. The ESI Court could award suitable costs in addition to the amount of reimbursement, if the same was found to be due according to the relevant provisions of the Act and the Regulations framed thereunder. Reliance was also placed by the State Commission' on a judgment of the Supreme Court in the case of Thiruvalluvar Transport Corporation Vs. Consumer Protection Council, JT (1995) 2 SC 441 .

(3.) Being dissatisfied with the order of the State Commission the complainant approached this Commission by filing this revision petition.