1. Sir, thanks Mr. Umakanthan ji for remarks as above. However, the initiator of this thread has mentioned as "I met with an accident in company transport". In my opinion, let the initiator of this thread explain the facts on the issues as raised by me. In addition, the question will also arise whether the said accident occurred out of and in the course of employment ?.
2. Sir, as you may have experienced, many times, in cases under Employees' Compensation Act, the employer put forward his defense in the case that in his establishment ESI Act, 1948 is applicable and the employee who is claiming compensation was also covered under ESI Act, 1948. In such situation particularly as per provisions of section 53 of ESI Act, 1948, the Hon'ble Labour Court or appropriate court has no alternative except to dismiss the case filed by the employee.
2. Sir, as you may have experienced, many times, in cases under Employees' Compensation Act, the employer put forward his defense in the case that in his establishment ESI Act, 1948 is applicable and the employee who is claiming compensation was also covered under ESI Act, 1948. In such situation particularly as per provisions of section 53 of ESI Act, 1948, the Hon'ble Labour Court or appropriate court has no alternative except to dismiss the case filed by the employee.