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Compensate injured woman despite no contribution from employer: Kerala HC

An employee who suffers injuries at work should be compensated by Employees' State Insurance Corporation (ESIC) even if the employer fails to pay the mandatory contribution to the corporation, the Kerala high court has held.

If the employer fails to pay the contribution, the employee cannot be considered uninsured, the court ruled.

Justice S S Satheesachandran made the ruling while considering an appeal filed by ESIC challenging an order by the commissioner for workmen's compensation to pay Rs 59,671 to Kalyani, a worker with Maria Tiles of Paliakara in Thrissur for the injuries she suffered.

It admitted in court that Maria Tiles was a covered establishment under the Employee State Insurance Act but argued that the employee was not registered nor any contribution paid in respect of her until the accident took place on December 30, 1999. Her employer remitted contribution for her for the month of December 1999 only on May 23, 2001. Thus she was not an insured employee, the corporation argued.

After considering the question of insurance coverage, an Employees' Insurance court had given the finding that the employee was insured and asked the corporation to refund the compensation paid by the employer before the commissioner. The corporation filed an appeal following this.

Referring to section 2(14) of the act, the high court held that the definition includes those workers in respect of whom contributions are or were payable under the act. Payment or nonpayment of contributions and action or non-action prior to or subsequent to the date of accident is inconsequential, the court ruled.

Even when no application was filed by the employer to register a worker or no contribution was paid, he has to be treated as an insured person under the act, the court held.

Article referred: http://timesofindia.indiatimes.com/city/kochi/Compensate-injured-woman-despite-no-contribution-from-employer-Kerala-HC/articleshow/29078737.cms

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