IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins.APP.No. 15 of 2007()
1. THE REGIONAL DIRECTOR,
... Petitioner
Vs
1. K.P.VASUDEVAN, S/O.PADMANABHAN,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.P.SANKARANKUTTY NAIR
For Respondent :SRI.ASOK M.CHERIAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/09/2009
O R D E R
M.N. KRISHNAN, J.
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INS.APPEAL NO. 15 OF 2007
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Dated this the 30th day of September, 2009.
J U D G M E N T
This appeal is preferred against the order of the
E.I.Court, Alappuzha in I.C.99/03. The petition was filed
seeking a direction to the respondent to disburse extended
sickness benefits for the period of his certified leave from
26.10.2002 onwards as he is suffering from
HTN/DM/CAD/EFFORT Angina. Though the Deputy Medical
Commissioner, Bangalore forwarded the papers to the ESI
Corporation, Head Quarters with expert medical opinion the
Head Quarters did not find reason to relax and therefore
negatived the prayer of the applicant. It is true that the
present disease is not covered under the extended inclusion
of certificate diseases. But it can be seen that the suffering
of the person is in the nature of a heart ailment especially
angina. Angina is a disease where exertion results in
calamitous consequences and the welfare legislations like the
INS.APPEAL NO. 15 OF 2007
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Employees State Insurance Act are intended to extend the
benefits to the deserving persons and pass appropriate
orders. I am in agreement with the learned counsel when he
argues for the position that the E.I. Court was not right in
sitting over the orders of the E.S.I. Corporation Head
Quarters and giving a declaration to grant the benefits. But
it has to be remembered a person who is suffering from
angina is knocking at the doors of the authorities for justice
and especially when it is supported by medical evidence it
shall not be considered on a routine basis but human
consideration should prevail and if justice really requires to
be meted from out then in such situation the wide power
granted to the E.S.I. Corporation has to be judicially
exercised in favour of the applicant. Therefore I set aside
the declaration given by the E.I.Court and direct the
Corporation to consider the case of the applicant legally,
medically and sympathetically taking into consideration the
recommendations given by the Deputy Commissioner,
INS.APPEAL NO. 15 OF 2007
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Bangalore and pass appropriate orders that too within a
stipulated time of two months from the date of receipt of a
copy of this judgment.
M.N. KRISHNAN, JUDGE.
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