( 1 ) THIS group of 108 appeals (54 preferred by the Regional Director of Employees State Insurance Corporation and 54 preferred by the concerned workmen) under section 82 of the Employees State Insurance Act, 1948 (hereinafter referred to asthe Act) arise against the judgments and orders passed by the Employees State Insurance Court (hereinafter referred to as the esi Court) dated 29. 1. 1999 whereby the ESI Court assessed the disability of the concerned workmen ranging from 70% to 90%. The workmen have filed appeals claiming that they are entitled to receive compensation for 100% disability. It is the contention of the ESI Corporation that the ESI court could not have assessed the disability at 70% or more, especially when the concerned persons had claimed disability of 40% in their appeal before the Medical Appellate Tribunal.

( 2 ) SINCE both the sides have challenged the common judgments and orders of the ESI Court, with the consent of the learned Counsel appearing for both the sides, both the group of appeals are heard together and are disposed of by this common judgment and order.

( 3 ) THE concerned workmen were at the relevant time, working in Alembic Glass Industries Limited at Baroda. They were working in Crushing Plant and such other sections where various chemicals and minerals like Dolomite, Silica, Quarry etc. are being crushed and used for manufacturing glass articles. The working environment of the plant is such that the workmen are continuously exposed to the fine particles of minerals present in the atmosphere. Due to inhalation of such mineral particles, the workmen contracted a dreaded disease known as silicosis making it difficult for the workmen to survive. It is alleged that several workmen of Alembic Glass have succumbed to death on account of Silicosis. It appears that on representations made to the Institution of Occupational Health, a primary investigation and medical examination was held and the disease Silicosis was diagnosed and each of the workmen was issued a certificate to the said effect on or around Sep 19/09/1985. The concerned workmen were thereafter examined by the Medical Board who after examining the workmen, came to the conclusion that there is 0% permanent partial disablement. The concerned workmen, against the assessment of 0% permanent partial disability made by the Medical Board,preferred First Appeal before the Medical Appellate Tribunal under section 54-A (2) of the Act, making a demand for permanent partial disability to the extent ranging from 40% to 90% in a given case by the concerned workmen. However, the Medical Appellate Tribunal, after examining the case papers of the concerned workmen, arrived at the conclusion that there is a permanent partial disability to the extent of 15% to 50% of the concerned workmen. Against the decision of the Tribunal, the concerned workmen preferred Second Appeals under section 54-A (1) of the Act to the ESI Court. The ESI Court allowed the Second Appeals by quashing and setting aside the judgments and orders passed by the Medical Appellate Tribunal, as well as the Medical Board and assessed the permanent partial disability ranging from 40% to90% in a given case. Both the sides have produced statements showing percentage of disability assessed by the Medical Board, Medical Appellate Tribunal and the ESI Court in respect of each of the workman. These judgments and orders of the ESI Court are under challenge in these groups of appeals.

( 4 ) MR. S. R. SHAH, learned Counsel appearing for the ESI Corporation criticised the judgments of the ESI Court by contending that the conclusion arrived at by the ESI Court is on the basis of general nature of the disease Silicosis without examining any evidence whatsoever or without referring to any medical reports whatsoever to determine as to what according to the documentary evidence on record is the nature, extent and quantum of the disability suffered by the workmen. In the submission of Mr.