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1994 Supreme(Bom) 163

M.L.PENDSE, N.D.VYAS
Associated Electrical Agencies – Appellant
Versus
Commissioner for Workmens Compensation and Judge and another – Respondent


JUDGMENT - M.L. PENDSE, J.:-Messrs. Associated Electrical Agencies is a partnership concern carrying on business in electronic goods. Respondent No. 2 was employed for carrying out repairs of television sets on a monthly salary of Rs. 1,000/-. On July 17, 1987, while carrying out repair of a television set, a component of the set burst resulting into injury to the face of respondent No. 2. Respondent No. 2 lost vision of the left eye. Respondent No. 2, at the time of incident was 27 years old.

2. The Legislature enacted the Employees State Insurance Act, 1948 (for short the ESI Act) to provide for certain benefits to employees in case of sickness, maternity in case of female employees, employment injury and to make provision for certain other matters in relation thereto. The ESI Act came into force on April 19, 1948. The provisions of the Act apply to all the factories other than seasonal factories and the State Government, with the approval of the Central Government, is authorised to make the provisions of the Act applicable to any other establishment or class of establishments. Section 38 of the ESI Act provides that all employees in factories of establishments to which the Act






























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