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2021 Supreme(Mad) 2024

S.ANANTHI
Deputy Director, Employees' State Insurance Corporation, Sub Regional Office, Salem – Appellant
Versus
J. Venkateshan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : I. Pinayagash, Standing Counsel
For the Respondent:A. Shajahan, Advocate

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 82(2) of ESI Act, 1948, to set aside the decree and Judgment of the Employees' State Insurance Court cum Labour Court, Tiruchirappalli passed in E.S.I.CMA No.1 of 2015 dated 05.01.2017 as illegal and against the specific provisions of law and allow the above appeal with costs.)

1. This Civil Miscellaneous Appeal has been filed to set aside the decree and Judgment, dated 05.01.2017 on the file of the Employees' State Insurance Court cum Labour Court, Tiruchirappalli, in E.S.I.CMA No.1 of 2015.

2. Heard Mr.I.Pinayagash, learned counsel appearing for the appellants and Mr.A.Shajahan, learned counsel appearing for the respondent.

3. This Civil Miscellaneous Appeal is filed on the ground that the learned Judge ought to have dismissed the above appeal on the ground that there is a bar to file any appeal against the decision of the 2nd respondent Medical Board U/s 54A(2) of the E.S.I. Act, 1948. The learned Judge has failed to note that the Medical Board has fixed the disablement benefits as per the guidelines issued by the Government of India and the loss of earning capacity of the respondent. The learned Judge has failed to

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