Full compensation for Alembic workers

AHMEDABAD, Nov 22: In a significant judgement, Justice K R Vyas of Gujarat High Court has held that workers at Alembic Glass Industries L...

AHMEDABAD, Nov 22: In a significant judgement, Justice K R Vyas of Gujarat High Court has held that workers at Alembic Glass Industries Ltd in Vadodara, who have been affected by the incurable occupational disease Silicosis, are entitled to receive 100 per cent compensation for permanent and total disablement as contemplated by section 2 15-B of the Employees8217; State Insurance Act, 1948.

The Court also held that this 100 per cent compensation is payable by the Employees8217; State Insurance ESI Corporation for the life-time of the affected workmen and not till the date of retirement on superannuation.

The judgement was passed by the Court in a group of appeals filed by the regional director of ESI Corporation and cross appeals filed by the workers of the industry against the judgements and orders passed by the ESI Court. The ESI Court had assessed the disability of the concerned workmen ranging from 70 to 90 per cent and compensation to be paid accordingly upto the age of superannuation.

Appearing for the ESI Corporation, counsel S R Shah criticised the judgements of the ESI Court contending that merely contracting Silicosis was no ground for awarding for awarding any compensation for the permanent partial disability unless the actual extent of the disability was determined in accordance with law.

He contended that the ESI Court had erred in exercising its jurisdiction while determining the question of disablement and the extent of loss of earning capacity. He further contended that the ESI Court could not have assessed the disability at 70 per cent or more, especially when the concerned persons had claimed disability of 40 per cent in their appeal before the Medical Appellate Tribunal.

Advocates S H Iyer and Dr Mukul Sinha, appearing on behalf of the workmen, submitted that the disease Silicosis has been described as an occupational disease in Part III of the Third Schedule of the Act. It is deemed to be an employment injury8217; arising out of and in the course of employment as contemplated by section 52-A of the Act and since Silicosis is an incurable disease, the assessment of disability is not provisional but final. Therefore, the consequential benefits to receive disablement benefit for life-time were required to be granted, they submitted.

In his judgement, Justice Vyas observed: 8220;8230;I am of the view that the workmen are entitled to receive compensation for 100 per cent disability. According to the provisions of section 2 15-A which deals with Permanent Partial Disablement, the disablement must cause reduction in the earning capacity of the employee in every employment which he was capable of undertaking at the time of the accident resulting into disablement.

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8220;Whereas under section 2 15-B, 8220;Permanent Total Disablement8221; means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement.8221;

He further observed that the character of disablement was such that a person concerned was not only unable to do work which was doing at the time of the accident, but any work. In the instant case, he stated, all the 54 workmen had contracted Silicosis which is an incurable disease.

He held: 8220;Considering the fact that Silicosis being a disease wherein it is not possible for the workmen to do his daily routine work efficiently and which condition further deteriorates day by day and ultimately results in death, I am of the opinion that the workmen are entitled to receive 100 per cent disablement benefit for the total disablement payable under the Act for the injury to an employee caused by accident or by occupational disease arising out of and in the course of the employment.8221;