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1999 Supreme(Guj) 580

K.R.VYAS
REGIONAL DIRECTOR ESI CORPORATION – Appellant
Versus
BABUBHAI KALIDAS – Respondent


Advocates Appeared: MUKUL SINHA, S.H.IYER, S.R.SHAH

K. R. VYAS, J.

( 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 I












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