Court No. - 27
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 58 of 1993 Appellant :- Employee State Insurance Corporation Respondent :- Mohd.Arif Counsel for Appellant :- Rajesh Tiwari
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Rajesh Tiwari, learned counsel for the appellant.
2. By way of this appeal the Employees State Insurance Corporation (hereinafter referred to as 'ESIC') has felt aggrieved by the judgment dated 22.10.1992 passed by Judge, Employees Insurance Court, Kanpur whereby it had allowed the appeal upturning the decision of the medical board in Appeal No. 51 of 1992.
3. The only ground is that expert should examine the injured and his conditions were reevaluated. The Apex Court recently in Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC) and this High Court in FAFO 1070 of 1993 (E.S.I.C. Vs. S. Prasad) decided on 26.10.2017 has held as follows:
"The grounds urged before this Court are in the realm of finding of facts and not a question of law. As far as question of law is concerned, the aforesaid judgment in Golla Rajanna Etc. Etc. Versus Divisional Manager and another (supra) in paragraph 8 holds as follows "the Workman Compensation Commissioner is the last authority on facts. The Parliament has thought it fit to restrict the scope of the appeal only to substantial questions of law, being a welfare legislation. Unfortunately, the High Court has missed this crucial question of limited jurisdiction and has ventured to re-appreciate the evidence and recorded its own findings on percentage of disability for which also there is no basis."
4. In view of the above, this appeal sans merit and is dismissed.
Order Date :- 22.2.2018/Mukesh
Court No. - 27
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 58 of 1993 Appellant :- Employee State Insurance Corporation Respondent :- Mohd.Arif Counsel for Appellant :- Rajesh Tiwari Hon'ble Dr. Kaushal Jayendra Thaker,J. (In Re:- Delay Condonation Application)
1. This is an application seeking condonation of delay in filing appeal.
2. Cause shown is sufficient.
3. Delay in filing appeal is hereby condoned.
4. This application, accordingly, stands allowed.
Order Date :- 22.2.2018/Mukesh