JUDGMENT
Mukul Mudgal, J.
1. This writ petition by a workman, employed by the respondent No. 1/Management, who was injured while working for the respondent No. 1 seeks a mandamus to direct the respondent No. 3, Zonal Manager, Employees’ State Insurance Corporation (ESIC) and respondent No. 4, Regional Manager, ESIC, Karampura to settle the claim of the petitioner within 10 days and for release of interim claim of Rs. 2 lakhs and re-employment with respondent No. 1 on easy terms and conditions.
2. It is not in dispute that the petitioner sustained certain injuries while working for respondent No. 1 Company. It is also not in dispute that the petitioner had raised a claim before the Commissioner, Labour under the Workmen’s Compensation Act on 4th June, 1999.
3. On a plea raised by the respondent No. 1 Company, stating that the Company is governed by the Employees’ State Insurance Corporation Act, 1948(hereinafter referred to as the said Act), the Labour Commissioner passed an Order on 20th December, 2000 and held that the petitioner is governed under Section 53 of the Act which reads as under:-
53. Bar against receiving or recovery of compensation or damages under any other law. __An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923) or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act”.
4. The relevant portion of the Order dated 20th December, 2000 reads as follows:-
“On 6. 9. 2000 Sh. Mahender Kumar, Inspector, ESIC from Rajendra Place attended the proceedings and has informed that the respondent management is yet to supply the requisite information for processing the claim of Sh. Tara Singh, applicant. Accordingly, respondent was directed to supply the requisite information/documents to the ESIC. The respondent representative has filed the photocopy of the letter dated 16. 10. 2000 addressed to the Manager, ESIC Corporation, Local Office, Karampura New Delhi enclosing the list of documents which has been duly received by the Manager, Local Office Karam Pura on 19. 10. 2000.
As the applicant is covered under the ESIC therefore as per section 53 of the ESIC Act this authority is barred to entertain the present application. As such the application is dismissed due to lack of jurisdiction. ”
5. Pursuant to the Order dated 20th December, 2000 passed by the Labour Commissioner, declining his claim under the Workmen’s Compensation Act, the petitioner moved a claim before the Employees’ State Insurance Corporation, Regional Office, Karampura, New Delhi on 14th August, 2001. It is the plea of the petitioner that all the documents sought by the respondent Nos. 3-4 were delivered by him. The respondent No. 1’s counsel also stated that the requisite documents have been supplied by it to respondents 3-4. The counsel for respondents 3 & 4, however, submitted that all the documents have not been received by respondents 3 & 4.
6. This writ petition seeks a mandamus to the respondents 3 & 4 for expeditious disposal of the claim of the petitioner by the ESIC Authorities. Learned counsel for respondents 3 & 4 has submitted that by an Order dated 7th November, 2002 the claim of the petitioner has been admitted being as one of employment injury. He submits that the petitioner is now required to complete the formalities prescribed under the Act and relating to his claim and to co-operate in the medical assessment of his disability by appearing before the Medical Board to assess the quantum of the disability compensation payable to him under Chapter V of the Act. To avoid any further delay and in view of the fact that the accident occurred in the year 1998, the interest of justice requires that the petitioner be directed to appear before the Medical Officer, ESIC, Regional Office, Karampura, New Delhi, respondent No. 4 on 18th August, 2003 at 10. 00 AM and submit all the documents required by respondents 3 & 4. In case the documents have already been submitted, the photocopies of the said submitted documents may be handed over to the said Medical Officer, if required. Furthermore the petitioner is also required to co-operate by appearing before the Medical Board of respondents 3 & 4. The petitioner’s claim shall be disposed upon furnishing the requisite particulars as prescribed by the Act and sought by respondents 3 & 4 and undergoing examination by the Medical Board within two months of 18th August, 2003.
7. The other prayers in the writ petition about the interim compensation and re-employment by respondent No. 1 are not maintainable in these proceedings particularly in view of the very fair stand taken by the counsel for respondents 3 & 4, Shri N. S. Bajwa.
8. The writ petition stands disposed of accordingly.
9. Copy of the order be given dusty to all the counsel for the parties.