MR. A TREHAN versus M/S. ASSOCIATED ELECTRICAL AGENCIES AND ANR.

MR. A TREHAN versus M/S. ASSOCIATED ELECTRICAL AGENCIES AND ANR.

Claims for compensation by insured employees under the Workmen’s Compensation Act are not maintainable when barred by Section 53 of the Employees State Insurance Act, reflecting absolute legislative intent.

Parties
Appellant: Mr. A Trehan; Respondent: M/s. Associated Electrical Agencies and Anr.
Jurisdiction
India
Judgment Date
10 May 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Employees State Insurance Act, Statutory Bar, Compensation for Employment Injury
Labour Law Workmen's Compensation Employees State Insurance Act Statutory Bar Compensation for Employment Injury

Case Brief

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Parties

Mr. A Trehan

Appellant

M/s. Associated Electrical Agencies and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Bombay High Court

Legal Issues

  1. 1 Whether Section 53 of the Employees State Insurance Act bars a claim for compensation under the Workmen’s Compensation Act by an insured employee
  2. 2 Legislative intention behind statutory bar in Section 53 of ESI Act

Ratio Decidendi

Claims for compensation by insured employees under the Workmen’s Compensation Act are not maintainable when barred by Section 53 of the Employees State Insurance Act, reflecting absolute legislative intent.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed
  • No order as to costs