IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins.APP.No. 57 of 2010()
1. THE REGIONAL DIRECTOR,
... Petitioner
Vs
1. P.NARAYANAN, S/O.KUNHIRAMAN,
... Respondent
For Petitioner :SRI.P.SANKARANKUTTY NAIR
For Respondent :SRI.K.M.SATHYANATHA MENON
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/11/2010
O R D E R
M.N.KRISHNAN, J
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INS.APPEAL.NO.57 OF 2010
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Dated this the 16th day of November, 2010
JUDGMENT
This is an appeal preferred against the order of the
Employees Insurance Court Appeal No.1/2009. The
applicant before the court below was an employee of the
Malappuram Co-operative Spinning Mills limited. It is the
case of the appellant that due to continuous exposure to
cotton and fiber dust and other tiny particles, respiratory
problems developed with the result, the appellant had to
undergo treatment for chest diseases from various places.
On account of the fact that it almost become impossible to
continue the work and later it forced him to quit the job.
The Medical board of the ESI Corporation did not find any
disability with him , but the Medical Appellate Tribunal found
him 50% disability and in appeal the Employees Insurance
Court found him 100% disability and directed the
Corporation to give him the benefits. It is against that
decision the ESI Corporation has come up in appeal.
INS.APPEAL.NO.57 OF 2010 2
2. Heard the counsel for the appellant as well as the
respondent. The question that has to be resolved by this
Court is whether there is a total disablement for the
applicant to continue the job which he was previously doing.
Admittedly, the applicant was an employee of a spinning mill
which was engaged in spinning of cotton and polyester
yarn. According to the appellant the disease which he had
suffered is an occupational disease. The two Medical
certificates relied upon by the party one issued by the
Associated Professor, Department of T.B & Chest, Diseases,
Medical College Hospital would reveal that the applicant is
suffering from post tubercular sequela and Chronic
Obstructive Pulmonary disease. His ventilatory function
reveal less than 50% predicted values which suggest severe
air flow obstruction. Ext.P2 is another Medical Certificate
issued to show that exposure to dust may exacubate his
symptoms, so he is advised to avoid work in dusty and
polluted atmospheric and also to avoid excess physical
INS.APPEAL.NO.57 OF 2010 3
exertion. Coupled with the evidence of PW1 supported by
Ext.P1 and P2 it is manifestly clear that the applicant had
suffered an occupational disease which is getting aggravated
day by day and further exposure to the same environment
may prove fatal to him. The Medical Appellate Tribunal fixed
it 50%. So what has to be decided in this case is whether
the applicant had suffered occupational disease and
continuous engagement will aggravate the disease and
whether it will cause a permanent problem for him. The
doctors evidence and certificates clearly reveals that is
having chronic chest congestion with reduced functioning of
the system with a blockage of more than 50%. The
environment in which is expected to work is that of a
polluted atmosphere of cotton and polyester yarn. He
cannot be given any other job other than this for the reason
the atmosphere is of a spinning industry. Therefore, when
Ext.P1 and P2 are put together it is clear that a man is
having more than 50% of air block and is advised not to get
INS.APPEAL.NO.57 OF 2010 4
exposed to such a polluted atmosphere which makes a total
disability for the person. Therefore, in order to preserve his
life he has to resign his job. It is not a contumacious act on
his part. He will be more interested preserving his life
rather than exposing himself to death. So the leaving of the
job was on account of the suffering and there is nothing to
show that he could have been accommodated some where
else in that polluted atmosphere. Therefore, I agree with
the learned Employees Insurance Court judge and hold that
there is nothing to interfere with the order passed by him.
Therefore, appeal is dismissed but without costs.
M.N.KRISHNAN,JUDGE
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