ESIC told to pay 90% wage pension with interest & compensation to widows of deceased workers

Advocate Jasbir Singh, who represented the widows, told The Indian Express, “Both cases reflect a disturbing pattern, where genuine employment injury claims were rejected despite complete documentation.

“In the first case, Ram Singh, an employee of A & M Technologies, Mohali, fell seriously ill on duty on October 30, 2021. He was taken to an ESI hospital and later referred to Indus Hospital in Mohali, where he died during the treatment on October 31. Although the death was duly reported and all formalities were completed, ESIC refused to recognise it as an employment injury.”

“In the second case, Hari Shankar, who was working with Swani Rubber Industries, Mohali, since 1998, collapsed at the factory on March 16, 2021. He was first taken to an ESI hospital in Mohali, and later shifted to Fortis Hospital after being denied a bed elsewhere. He died on March 18, yet ESIC rejected the claim,” the advocate said.

Allowing both complaints, Commission President SK Aggarwal observed, “Under Para 58(2) of the ESI (Central) Rules, 1950, dependents are entitled to benefits when an insured person dies due to an employment injury.”

Speaking with The Indian Express, Bharti Devi (32), widow of Hari Shankar, who belongs to Bihar, said she had moved to Mohali after marriage. “After my husband’s death, the responsibility of four young children fell entirely on me. I survive by doing daily-wage work wherever I can. This pension has finally given me some support and hope that I can raise my children with dignity,” she added.

Nirmala (54), wife of Ram Singh, and a resident of Mohali’s Phase 5, said she is issueless and was dependent entirely on her husband. “After his death, I had no idea what my future would be. After getting a pension, I can live without stretching my hands before others,” she said, adding that she continues to serve at the PGI langar as she used to do with her husband.