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2005 Supreme(Kar) 476

N.KUMAR
J. BENJAMIN – Appellant
Versus
MANAGEMENT OF BHARAT EARTH MOVERS LIMITED, KOLAR GOLD FIELD – Respondent


Advocates:
K.KASTURI, K.SUBBA RAO

( 1 ) IN these two writ petitions the same award is challenged by the petitioners to the extent they are aggrieved. Therefore, they are taken up for consideration together and disposed of by this common order. For the purpose of convenience, the parties are referred to as they are referred to in W. P. No. 37333 of 2000.

( 2 ) THE petitioner was appointed as mechanic helper B on 25-11-1969 in the respondent-establishment. On 19-4-1986, while examining the vehicle, accidentally he fell down from the top of the vehicle as a result of which he sustained multiple injuries and fractures. Immediately, he was taken to the hospital for medical treatment. The petitioner was a member of ESI Scheme and he was treated for a period of eleven months in the ESI hospital. He also took medical treatment as an outpatient at nimhans for a period of six months. On 15-5-1989, the petitioner reported for duty along with fitness certificate issued by a Competent doctor on 4-5-1989. He was refused employment. The petitioner was served with an order dated 3-6-1989 informing him that the Medical board which examined the petitioner on 12-3-1987 has declared him as permanently disabled at 100% and they have re






















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