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2018 Supreme(Guj) 709

J.B.PARDIWALA
Employees State Insurance Corporation – Appellant
Versus
Lalsing Sadiya Garasiya – Respondent


Advocates Appeared:
For the Appellant : Sachin D. Vasavada
For the Respondents: G.M. Joshi, Shilpa R. Shah

JUDGMENT :

J.B. Pardiwala, J.

1. Since the issues raised in all the captioned first appeals are the same and the disposal of one first appeal would govern the disposal of all other connected first appeals, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the First Appeal No. 2374 of 2015 is treated as the lead matter.

3. This first appeal under Section 82 of the Employees' State Insurance Act, 1948 is at the instance of the Employees State Insurance Corporation-original respondent and is directed against the judgment and order dated 26th February, 2015 passed by the Employee's State Insurance Court, Vadodara in the ESI Application No. 16 of 2008.

4. The facts giving rise to this first appeal may be summarized as under:-

4.1 The respondent No. 1-preferred an application under Section 52-A of the Employees' State Insurance Act, 1948 (for short "the Act, 1948") read with Schedule-III-C, Entry No. 1 of the Act, 1948 for compensation from the year 2003 on the ground of having contracted occupational disease, namely, silicosis. The respondent No. 2 in this appeal is the employer. The respondent No. 1-original applicant wa























































































































































































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