Under Section 51A of ESI Act, if an employee's health deteriorates at the workplace and he is denied leave, leading to death later on the way home, the death is presumed to arise out of and in the course of employment.

PANKAJ JAIN, J.

Present appeal is directed against the order dated 07.03.1998

passed by ESI Court whereby appeal preferred by the claimant under Section

75(2) of the Employees' State Insurance Act, 1948 (hereinafter referred to as

'the 1948 Act') has been dismissed rejecting the claim of the appellant.

2. The issue involved in the present appeal is :

“Whether deceased Gurcharan Singh, who was employed as

Kitchen Runner and Dish Washer with M/s Floating Restaurant,

died in an accident arising out of and during the course of

employment or not?

DEEPAK KUMAR

2025.12.23 15:24

I attest to the accuracy and

integrity of this document

FAO No.937 of 1998 (O&M) 2

3. Gurcharan Singh used to commute from his residence to his

place of employment by cycle covering 7 Kilometes daily. As per the

claimant, on 18.10.1993 at about 2:30 PM while Gurcharan Singh was

returning home after finishing his job riding his cycle along with Amrik

Singh, he suddenly fell down and became unconscious. He was taken to

Civil Hospital, Fatehgarh Sahib where he died at around 7:55 PM. As per

the doctors, he died of 'myocardial vessel'. It is admitted that the deceased

was an employee insured with ESI Corporation. His case was reported to

the Corporation and claim was raised on the ground that deceased died in an

accident arising out of and during the course of employment.

4. The claim was rejected by the Corporation vide communication

dated 03.02.1994.

5. Statutory appeal was preferred.

6. The same also stands rejected.

7. The appellant challenged the order passed by Director General,

ESIC, dated 23.12.1994 preferring present petition under Section 75(2) of

the 1948 Act.

8. The ESIC Court framed the following issues:

“1. Whether the deceased Gurcharan Singh died as a result of

injuries suffered during the course of employement with

M/s Floating Restaurant, GT Road, Sirhind? OPP.

2. Whether the applicant is a dependent of the deceased and is

entitled to all the dependent's benefits? OPP.

DEEPAK KUMAR

2025.12.23 15:24

I attest to the accuracy and

integrity of this document

FAO No.937 of 1998 (O&M) 3

3. Relief.”

9. While deciding Issues against the appellant/claimant, the Court

observed as under:

“In this case, there is no evidence on the file which may show that

the death of Gurcharan Singh has got a casual connection with his

employment and that the death took place in the course of

employment.

11. In view of the judgment of the Apex Court, I hold that the

death of Gurcharan Singh did not take place in the Course of

employment and therefore, he is not entitled to any benefit. The

respondents have rightly passed the order copy Ex. P.5/1 rejecting

the claim of the petitioner and hence issue no.1 and 2 are decided

against the petitioner.

10. The ESI Court relied upon observations made by Supreme

Court in the case of The Regional Director, E.S.I. Corporation and

another vs. Francis De Costa & Anr. JT 1996(8) S.C. 118

11. Counsel for the appellant has assailed the findings recorded by

the ESI Court, to submit that the claim of the appellant has been wrongly

rejected. He submits that evidence has come on record that the health of the

deceased deteriorated while he was performing his duties at the place of

employment. The deceased sought short leave which was declined by the

manager. There is no past history that the deceased was suffering from any

heart ailment. In the aforesaid facts and circumstances, the claim made by

the appellant should have been allowed. He places reliance upon Section

51A of 1948 Act and submits that there is a statutory presumption in favour

DEEPAK KUMAR

2025.12.23 15:24

I attest to the accuracy and

integrity of this document

FAO No.937 of 1998 (O&M) 4

of the claimant. Once it is proved that the accident arose in the course of

employment, it has to be presumed that the same has arisen out of that

employment. He relies upon ratio of law laid down by this Court in the case

of Smt. Harjinder Kaur and others vs. Employee's State Insurance

Corporati