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.