JUDGMENT

ESI Corporation is challenging the judgment dated 12.06.2020 in I.C. No.41 of 2015, passed by the Employees’ Insurance Court, Alappuzha in this appeal. The Corporation has raised several questions of law in the memorandum of the appeal. I find that the following questions can be considered as substantial questions of law and shall address the same in this judgment:-

“(i) Whether the EI Court was correct in holding that the respondents herein are entitled to dependent’s benefits under ESI Act with respect to the purported deceased employee when the said person was not registered as an employee under the ESI scheme at the time of accident.

(ii) Whether the EI Court erred in not dismissing the above IC on the primary ground that the employer above stated, which is a necessary party, is not included in the party array in the above IC.”

2. The respondents approached the ESI Court for dependent’s benefits. They are the father and mother of an employee of ‘Malayil Builders’ who died on 22.09.2013, while working in a construction site. The deceased was seriously injured due to fall from height and was immediately taken to a hospital. However, unfortunately he succumbed to his injurie