Research › Search › Judgment

Gujarat High Court · body

2006 DIGILAW 192 (GUJ)

Mohammad Ibrahim Shaikh Munir v. Medical Officer, ESI Scheme Dispensary

2006-03-09

B.B.VAGYANI, S.G.NAGARALE

body2006
Judgment B.B. Vagyani, President.—The Wardha Consumer Forum, by order dated 14.07.1998 passed an award in favour of complainant by which the original O.Ps are directed to pay compensation of Rs. 59,734.71 with interest @ 18% to the complainant from the date of accident i.e., 12.05.1993 till realisation. Feeling aggrieved by the award passed by the Wardha Forum, original O.P. Nos. 2 and 3 in Complaint No. 95/94 preferred Appeal No. 1595/1998 and Original O.P. No. 1 preferred Appeal No. 1606/1998. The original complainant, feeling not satisfied with the quantum of compensation awarded by the Forum, has also preferred Appeal No. 1510/1993. All these 3 appeals are directed against the award dated 14.07.1998. Moreover, identical issue with regard to jurisdiction is involved in these three appeals. Hence, we propose to dispose of these three appeals by a common order. 2. We heard the complainant in person and the learned Advocate Mrs. P.P. Maldhure for appellant in A. No. 1595/1998. Written submission filed by complainant is taken on record. None present for the appellant in 1606/1998. The issue with regard to jurisdiction goes to the very root of the matter. The original complainant is a workman and insured person under Employees State Insurance Act, 1948. A similar issue with regard to jurisdiction of Consumer Fora was raised before Hon’ble National Commission in the case of Arunkumar Gupta vs. E.S.I. Corporation 1998 in R.P. No. 543/96 from the order dated 26.03.1996. Hon’ble National Commission, order dated 03.09.1998 in R.P. No. 543/1996 from the order dated 23.06.1996 in case No. A-217/1995 of the State Commission, New Delhi in the case of Arunkumar Gupta vs. Employees State Insurance Corporation has categorically held that the complaint cannot be entertained the Consumer Forum constituted under the provisions of C.P. Act. It is further observed by the Hon’ble National Commission that E.S.I. Act being a Special Act the remedy available to the complainant was to approach E.S.I. Court for appropriate relief. The National Commission further observed that the jurisdiction of the Forum constituted under C.P. Act 1986 to entertain such type of complainant is barred under Section 75(3) of the E.S.I. Act. Taking into consideration the well settled legal position, we hold that the Consumer Forum has no jurisdiction to entertain such type of complaints. In the result we pass the following order. Order 3. Taking into consideration the well settled legal position, we hold that the Consumer Forum has no jurisdiction to entertain such type of complaints. In the result we pass the following order. Order 3. The Appeals No. 1595/1998 and 1606/1998 are allowed and the Appeal No. 1510/1998 filed by the original complainant for enhancement stands dismissed. The impugned order under challenge dated 14.07.1998 passed by the Forum below is quashed set-aside. The complaint filed by the original complaint stands dismissed. 4. Liberty is granted to the appellant in 1595/1998 to withdraw the amount already deposited with the Forum below. 5. Liberty is granted to the original complainant to approach Employees Insurance Court constituted under Section 75 of the E.S.I. Act, 1948. Employees Insurance Court shall take into consideration the time consumed by the complainant in prosecuting the complaint before Consumer Forums and pass appropriate order. * * * * *