M/S. BHARAGATH ENGINEERING versus R. RANGANAYAKI AND ANR.

M/S. BHARAGATH ENGINEERING versus R. RANGANAYAKI AND ANR.

Deceased employee was an 'insured person' under Section 2(14) of Employees' State Insurance Act, 1948 as the obligation to pay contribution arose from date of employment; consequently, proceedings under Workmen's Compensation Act, 1923 are barred by Section 53 of Employees' State Insurance Act, and benefits must be worked out and extended to eligible persons by the Corporation.

Parties
Appellant: Bharagath Engineering; Respondent: R. Ranganayaki; Respondent: Employees' State Insurance Corporation
Jurisdiction
India
Judgment Date
20 December 2002
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Employees' State Insurance, Workmen's Compensation, Definition of 'insured Person', Employment Injury, Statutory Exclusions
Labour Law Social Security Law Employees' State Insurance Workmen's Compensation Definition of 'insured Person' Employment Injury Statutory Exclusions

Case Brief

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Parties

Bharagath Engineering

Appellant

R. Ranganayaki

Respondent

Employees' State Insurance Corporation

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether deceased employee is an 'insured person' under Section 2(14) of Employees' State Insurance Act, 1948
  2. 2 Whether proceedings under Workmen's Compensation Act, 1923 are barred by Section 53 of Employees' State Insurance Act, 1948 when employee dies during employment

Ratio Decidendi

Deceased employee was an 'insured person' under Section 2(14) of Employees' State Insurance Act, 1948 as the obligation to pay contribution arose from date of employment; consequently, proceedings under Workmen's Compensation Act, 1923 are barred by Section 53 of Employees' State Insurance Act, and benefits must be worked out and extended to eligible persons by the Corporation.

Court Disposition

Appeal allowed

Orders

  • Benefits under Employees' State Insurance Act to be worked out and extended to eligible persons by the Corporation
  • No order as to costs