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september 1997

Supreme Court of India · 1997-09-19

WESTERN INDIA PLYWOOD LTD. vs SHRI. P. ASHOKAN

Citation / case number
SC 1988/70849
Court
Supreme Court of India
Petitioner
WESTERN INDIA PLYWOOD LTD.
Respondent
SHRI. P. ASHOKAN
Author
B.N. KIRPAL S.B. MAJMUDAR
Bench
B.N. KIRPAL S.B. MAJMUDAR

Judgment text excerpt

The Supreme Court addressed the issue of whether an employee can claim damages for injuries sustained during employment after receiving benefits under the Employees State Insurance Act, 1948 (ESI Act). The Court held that Section 53 of the ESI Act does not bar an employee from pursuing a tort claim for compensation against the employer. The appeal was allowed, and the matter was remanded for trial on merits, affirming the Full Bench's decision of the High Court of Kerala.

WESTERN INDIA PLYWOOD LTD. vs SHRI. P. ASHOKAN · Niyam