S.P.BHARGAVA, BISHAMBHAR DAYAL
S. P. Nanawaty, Factory Manager, Satna Cement Works, Satna – Appellant
Versus
Employees State Insurance Corporation, Jabalpur – Respondent
Bishambhar Dayal, C.J.
This is a Letters Patent Appeal against the decision of a learned Single Judge of this Court dated 25th March 1969 in Miscellaneous (First) Appeal No. 87 of 1968, holding that by virtue of Section 43 of the Employees' State Insurance Amendment Act, 1966 the provisions of the original Employees' State Insurance Act, 1948 relating to the application by the Employees' State Insurance Corporation for reimbursing itself with regard to the payment which it had to make to a workman in respect of an employment injury are saved.
Circumstances in which the question arose may be briefly stated. One Govindram was employed by Satna Cement Works (Appellant No 2). He sustained certain injuries on 16-10-1963. The claim of the Employees' State Insurance Corporation was that it was entitled to receive some amount in respect of this injury sustained by Govindram as it was employment injury. The Corporation filed an application under Section 75 read with Section 66 of the Employees' State Insurance Act on 3-7-1967. This application was rejected by the Tribunal established under the Act on the ground that Section 66, which gave a right to the Corporation to reimburse itself fr
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