EMPLOYMENT INJURY - EMPLOYEES' STATE INSURANCE ACT, 1948 - SECTIONS 2(8) AND 51 (A)

EMPLOYMENT INJURY - EMPLOYEES' STATE INSURANCE ACT, 1948 - SECTIONS 2(8) AND 51 (A)

(The employee who had gone out in recess for food and sustained an injury by falling down, cannot be said to have sustained employment injury.)

The appellants are the legal heirs of deceased workman who was in the service of the respondent. It appears that during recess, the workman went out for food and at that time he received an injury by falling down. It appears that subsequently he died of the said injury. The appellants therefore filed an application for compensation before the ESI Court but, it came to be dismissed on the ground that the injury sustained by the workman was not covered by employment injury as defined in section 2(8) of ESI Act.

Being aggrieved by the denial of their claim, the appellants filed the present appeal contending that any injury to an employee which arises out of and in the course of his employment would be an employment injury. It was therefore submitted that the death of the concerned employee on account of the said accident should have been treated as death caused by accidental injury during employment.

The High Court relied upon a Supreme Court decision reported in AIR 1997 SC 432 wherein it was observed that unless an employee can establish that the injury was caused to him or had its origin in the employment, he cannot succeed in a claim based on section 2(8) of the ESI Act. It was pointed out that the words "Accident arising out of his employment" indicate that any accident which occurred while going to the place of employment or for the purpose of employment cannot be said to have arisen out of his employment.

There must be casual connection between the accident and the employment. In view of this position, the High Court held that the injury sustained by the concerned workman cannot, by any stretch of imagination, be said to be an employment injury. Consequently, the High Court dismissed the  appeal.

- Latikaben & Ors. v. Regional Director, ESI Corporation H. C. Guj. 2017.

THE EMPLOYEES' STATE INSURANCE ACT, 1948