Midhun N. Manoharan v. Employees State Insurance Corporation, Represented By Its Director General, Headquarters Office, Panchadeep Bhawan, New Delhi
2020-12-09
S.MANIKUMAR, SHAJI P.CHALY
body2020
DigiLaw.ai
JUDGMENT : S. Manikumar, J. Being aggrieved by the judgment in W.P(C). No.26689 of 2020 dated 2.12.2020, instant writ appeal is filed. 2. The short question raised for consideration in the writ petition was whether the fixation of maximum age limit of 21 years for an applicant in the Ward of Insured Person quota for Medical admission in ESI Medical Colleges is legal and valid at a time when the maximum age limit fixed by Government of India to apply for NEET is 25 years. 3. The petitioner/appellant, in the writ petition, has stated that he is a repeater student for Medical Entrance. As his mother is an employee under ESI Corporation, she is considered as an Insured Person for the purpose of IP quota medical seats. As such, the petitioner applied for IP quota Medical Admission in 2020. But, because of the clause 7.10.2 in the admission notice and condition No.9 in the admission policy that he should not have completed 21 years as on 31/12/2020, petitioner was not issued with WIP certificate, to make him eligible to apply for IP quota. The above condition of maximum age limit is borrowed form Section 2(11)(iii) of the Employees' State Insurance Act, 1948, (ESI Act), wherein 'Family' is defined, which included a child wholly dependent on the earnings of the insured person and who is receiving education, till he/she attains the age of 21 years and an unmarried daughter. 4. Petitioner/appellant has further stated that fixation of maximum age limit of 21 years as per Section 2(11) of the ESI Act is for availing the benefits provided under the Act and the Scheme. The ward of insured person to be considered for IP quota Medical Seat is not a benefit included in the Act and, therefore, the maximum age limit should have been fixed in tune with the NEET i.e., 25 years. All other benefits provided under the Act for the family of the Insured Person are automatically entitled if a dependent of the insured person satisfies the conditions mentioned in Section 2(11). On the other hand, to get a Medical Seat under IP quota, he/she must participate in the All India Test (NEET) and score higher marks. Therefore, according to the appellant, other benefits cannot be equated with IP quota medical admission benefits. 5.
On the other hand, to get a Medical Seat under IP quota, he/she must participate in the All India Test (NEET) and score higher marks. Therefore, according to the appellant, other benefits cannot be equated with IP quota medical admission benefits. 5. Petitioner/appellant has further stated that as per Section 2(11) of the Act, an unmarried daughter is considered as a family member and a dependent. Since, that is the criteria at present for applying for IP quota Medical seats, a serious anomalous situation would arise that an unmarried son cannot apply for IP quota Medical seats, if he has completed the age of 21 years. But an unmarried daughter can apply for the same even if she had crossed the age of 21 years. Therefore, writ petition is filed challenging the condition that a male Ward of IP cannot apply for IP quota Medical seat if he crosses 21 years of age as it is illegal, arbitrary, unreasonable, unjust and unconstitutional. There is no nexus between the fixation of maximum age limit of 21 years, to apply for IP quota Medical seat, and the object sought to be achieved by that fixation. Hence, there is a clear non application of mind in fixing such a condition. 6. The reliefs sought for in the writ petition are as follows: “i. Declare that the fixation of maximum age limit of 21 years for applying for Ward of Insured Persons quota medical seats in ESI medical/dental Colleges is ultravires of the Constitution of India, illegal, arbitrary and unjust at a time when the Government of India fixed 25 years for NEET. (ii). Issue a writ of certiorari or other appropriate writ, order or direction quashing clause 7.10.2 in Ext.P1 & clause 9 of Annexure I of Exhibit-P1 fixing the maximum age of 21 years as on 31.12.2020 for applying for Ward of Insured Persons quota medical seats in ESI medical/ dental Colleges. (iii). Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to permit the petitioner to apply for Ward of Insured Persons quota medical/dental seats in ESI medical colleges in India for the year 2020-21 and consider him as qualified for the same.” 7. By the impugned judgment, writ court dismissed W.P.(C).
(iii). Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to permit the petitioner to apply for Ward of Insured Persons quota medical/dental seats in ESI medical colleges in India for the year 2020-21 and consider him as qualified for the same.” 7. By the impugned judgment, writ court dismissed W.P.(C). No.26689 of 2020, which reads thus: “I have considered the very same issue and dismissed the case of another applicant in W.P.(C) No.24378/2020 which is already affirmed by the Division Bench of this Court in W.A. No.1522/2020. In the light of the said judgment this Writ Petition is also dismissed.” 8. Paragraphs 6 to 8 of the judgment in W.P(C). No.24378 of 2020 dated 10.11.2020 reads thus: “6. The admission notice is issued with approval from the Government of India. It is stated that 20% seats are reserved for the ward of Insured Persons in the Colleges run by the ESI corporation provided the wards get qualified in NEET (UG) of the respective year. 7. In the judgment in WP(C) No.14186/2019 the Division Bench has, after analysing the object behind the reservation for wards and various provisions contained in the ESI Act upheld the authority of the Corporation to fix the cut off date for eligibility to apply for admission in the said quota. It was found that the benefit of reservation is solely based on the admission policy. The Division Bench held as follows in para.1 of the judgment. “As rightly submitted by the learned Standing Counsel for the ESIC, the cut-off date has been prescribed in terms of Section 2(1)(iii) of the Act. Irrespective of whether contribution have been paid, on the age of 21 years, even if it is during the corresponding benefit period, a male child would be ousted from the definition of members of the family of the insured person entitled for benefit. The contribution paid by the employee is not dependent on the number of members in the family and irrespective of the payment of contribution, in the corresponding benefit period, the male child who attained 21 years before the benefit period would be dis-entitled to reimbursement of medical expenses. In that view of the matter, the contention is liable to be rejected.” 8.
In that view of the matter, the contention is liable to be rejected.” 8. Though the issue raised in that Writ Petition was relating to the yardstick adopted by the Corporation in fixing the cut-off date as 31.08.2019, in deviation from 1st of January in the previous years, the dictum laid down therein would squarely apply to the present case also. In the present case the petitioner's grievance is against the fixing of cut-off age at 21 years. The maximum age limit fixed for NEET (UG) cannot have any relevance in the present case where the claim of petitioner is against the quota reserved. Therefore there cannot be any question of discrimination or arbitrariness. In view of the dictum laid down in the aforesaid judgment, I am of the view that the ESI Corporation is well within its powers to fix the age limit for a male ward. Therefore, the contentions raised in the Writ Petition are unsustainable.” 9. According to the appellant, the facts in W.P.(C) No.14186 of 2019 are distinguishable, and therefore, the instant writ appeal is filed on the following grounds: “(A) Learned single Judge dismissed the Writ Petition on the ground that this court had already dismissed the case of another applicant in W.P.(C) No. 24378 of 2020 and the same was affirmed in WA No.1522/2020. Actually, the facts of this case are distinguishable because, in the present case, the appellant belongs to SC category and age relaxation is applicable to him. Further, that case was dismissed on the further ground that clause 7.10.1 was not challenged. In this case the above clause is challenged. Writ court should have considered the additional facts available in this case to distinguish the other judgments. (B) Writ court failed to consider the fact that the conditions prescribed in Ext.P1 that a male Ward of IP cannot apply for IP quota Medical seat if he crosses 21 years of age is illegal, arbitrary, unreasonable, unjust and unconstitutional. There is no nexus between the fixation of maximum age limit of 21 years to apply for IP quota Medical seat and the object sought to be achieved by that fixation at a time when the Government of India has fixed 25 years to apply for NEET UG.
There is no nexus between the fixation of maximum age limit of 21 years to apply for IP quota Medical seat and the object sought to be achieved by that fixation at a time when the Government of India has fixed 25 years to apply for NEET UG. (C) Writ court should have appreciated the fact that as per clause 5.2.1 of Ext.P1, it is clearly stipulated that reservation policy of Central Government for SC/ST/ OBC/PH/EWS etc. will be followed for allotment of seats. As such the petitioner is entitled for relaxation in maximum age limit up to 5 years for SC /ST candidates. This was omitted to be considered by the authorities. There is a clear non application of mind in fixing such an arbitrary condition. Therefore, Exhibit P lin the Writ Petition is liable to be quashed. (D) Writ court should have appreciated the fact that as per Section 2(11)(iii) of ESI Act, an unmarried daughter is considered as a family member and a dependent regardless of her age. Since, that is the criteria at present for applying for IP quota Medical seats, a serious anomalous situation has aroused that an unmarried son cannot apply for IP quota Medical seats if he completed the age of 21 years before 31.12.2020. But an unmarried daughter can apply for the same even if she crossed the age of 21 years. A classification based on age that too only within the Insured Persons Quota will in effect deny the meritorious candidates their opportunity to aspire for medical education only for the reason that they have crossed the age limit of 21 years. There is no intelligible differentia in the aforementioned classification and hence violative of Article 14 of the Constitution of India. This is clearly gender discrimination and therefore illegal. (E) Writ court have failed to consider that when an ESI medical institutions established, on the basis of the mandate under Section 59B of the Employees State Insurance Act, 1948, utilizing the funds of the employees and employers exclusively and, without obtaining any financial aid from the Government, it will get the status of a self-financing medical college and its 20% seats are earmarked as management quota and therefore general rules in respect of maximum age limit will have to be made applicable.
Here, that quota has been given to the meritorious candidates, whose names are figured in NEET rank list and who are Wards of Insured Persons under ESI Act. Therefore, no restriction as to the age is possible apart from what is prescribed generally by the Government of India in NEET. (F) Writ court must have considered the fact that fixation of maximum age limit of 21 years as per Section 2(11)(iii) of ESI Act is exclusively for availing the benefits provided under the Act and Scheme for the children of Insured Persons. The Ward of Insured Person to be considered for IP quota medical Seat (similar to management quota seats of private institutions) is not a benefit included under the Act and introduced from the year 2013 onwards only and therefore, the maximum age limit should have been fixed in tune with the NEET ie; 25 years fixed by the Government of India. The same was also omitted by the learned single judge. (G) All the benefits provided under the ESI Act for the Family of the Insured Person is automatically extended if a dependent of the Insured Person satisfies the conditions mentioned in S. 2(11) merely because of their relation with the Insured Person. On the other hand, to get a Medical Seat under IP quota he/she must participate in the All-India Entrance Test (NEET) and score higher marks based on their hard work and skill. Therefore, other benefits provided under the Act cannot be equated with IP quota medical admission benefits, which is not at all a benefit prescribed under the Act. The learned single judge has failed to appreciate this aspect. (H) The ESI medical institutions were established on the basis of the mandate under S.59B of the Employees State Insurance Act, 1948 wherein it is stated as follows: - "The Corporation may establish Medical Colleges Nursing Colleges and Training Colleges for its Para Medical Staff and other employees with a view to improve the quality of services provided under the ESI Scheme". Once such a medical college is established utilizing the funds of the employees and employers exclusively and without obtaining any aid from the government, it will get the status of a self-financing medical college and its 20% seats are earmarked as management quota.
Once such a medical college is established utilizing the funds of the employees and employers exclusively and without obtaining any aid from the government, it will get the status of a self-financing medical college and its 20% seats are earmarked as management quota. Here, that quota has been given to the meritorious candidates, whose names are figured in NEET rank list and who are Wards of Insured Persons under ESI Act. This is a beneficial arrangement to the poor and downtrodden class of employees under the ESI Act, which is a beneficial legislation enacted by the Parliament. Therefore the 1st respondent should not have taken such a harsh decision to the detriment of the beneficiaries of the beneficial legislation.” 10. Based on the above, Mr. C. Unnikrishnan, learned counsel for the appellant, made submissions. He also relied on clause 5.2.1 of the admission notice – Admission of 'Wards of Insured Persons' (Ips) in UG Course (MBBS/BDS) in ESIC Medical/Dental & some Government Medical Colleges under 'Insured Persons (Ips) Quota' for academic sessions 2020 21 dated 29.10.2020 (Exhibit-P1), which reads thus: “5. Mechanism for filling up of 'Insured Persons quota' (erstwhile ESIC Management Quota) xx xxx xxxx 5.2.1 Reservation policy of Central Government for SC/ST/OBC/PH/EWS etc., will be followed for allotment of seats.” 11. Mr. T.V.Ajayakumar, learned standing counsel for the 1st respondent, submitted that 20% of the seats are reserved for the Wards of Insured Persons (IPS) in the UG Course (MBBS/BDS) in ESIC Medical/Dental and in some Government Medical Colleges under Insured Persons (IPS) quota. He further submitted that Wards of the IPS under ESI Scheme, who satisfy the eligibility criteria and qualified in National Eligibility cum Entrance Test (UG)-2020 [NEET (UG) – 2020] can apply for admission to UG course (MBBS/BDS) in ESIC Medical/Dental and some Government Medical Colleges under IPS quota for the Academic Year 2020-21 as per admission policy and procedure approved by the Government of India/ESI Corporation. 12. According to the learned counsel for the 1st respondent, as per clause 7.10.2 in Exhibit-P1 admission notice dated 29.10.2020, the age of dependent male “Ward of IP” for eligibility under the 'Insured Persons Quota' should not be more than 21 years as on 31st December, 2020. The said date would not apply to dependent unmarried female Ward of IP as per provisions of the ESI Act, 1948.
The said date would not apply to dependent unmarried female Ward of IP as per provisions of the ESI Act, 1948. That apart, as per clause 7.10.1 in Exhibit-P1, the eligibility of an Insured Person for availing the benefit under the 'Insured Persons' Quota for his/her child/children would be 30th September, 2019 i.e. only a person who is 'Insured Person' as per the Act, as on 30/09/2019 would be eligible for availing benefit under the 'Insured Persons' Quota for his/her child/children. 13. Learned counsel for the 1st respondent further submitted that a Hon'ble Division Bench of this Court vide judgment dated 8.7.2019 in W.P. (C) No.14186 of 2019, has upheld the authority of the ESI Corporation to fix the cut off date, for determining the age limit i.e., 21 years for male ward of the insured person. He also submitted that admission to the above mentioned is the last round and at this stage, many applicants who satisfy the criteria, have been allotted to various colleges. As it is only a concession extended to the wards of IP, there is no discrimination. According to him, writ court, after considering the scheme, eligibility prescribed, and taking note of the abovesaid judgment, has rightly dismissed W.P.(C) No.24738/2020 by the impugned judgment, which does not call for any interference. 14. Heard the learned counsel for the parties and perused the material available on record. 15. Annexure-1 to Exhibit-P1 Admission policy for the academic session 2020-21 dated 29.10.2020 issued by the 1st respondent is extracted hereunder: “ADMISSION POLICY FOR UNDER GRADUATE (MBBS/BDS) ADMISSIONS FOR ACADEMIC SESSION 2020-21 Admission procedure for under graduate courses (MBBS and BDS) in ESIC Medical Education institutions shall be as follows: 1. All India Quota: 'All India Quota' will be 15% of total available seats in each of its Medical Institutions, Or, All India Quota will be as per the prevailing Central Government's [i.e. Ministry of H & FW] directives for the said quota, from time to time. It will be filled up as per policy, including reservation policy, and procedures of the Central Government. 2.
It will be filled up as per policy, including reservation policy, and procedures of the Central Government. 2. State Government Quota: Based on the location of the ESI's Medical Education Institution, a 'State Government Quota' will be as per the policy of respective States applicable to un-aided non-minority Institutions, or in the absence thereof, as may be mutually agreed to, between the respective State Government and the ESI Corporation from time to time. The Admissions to these seats will be made according to the policy, including reservation policy, and procedures of the State Government concerned, and these seats will be filled up accordingly. 3. Insured Persons (IPs) Quota: The remaining seats after allocation to All India Quota and the State Govt. Quota shall be treated as "Insured Persons (IPs) Quota". It shall comprise of seats 'pooled' together on All India basis from various ESIC Medical/Dental Colleges, as the case may be. The seats shall be allotted to the 'Wards of Insured Persons' (IPs) on All India basis and shall be filled-up through merit cum preference basis, following due process specified below or as may be specified by ESIC from time to time. 4. Methodology for filling up of Insured Persons (IPs) Quota: Available seats of "Insured Persons (IPs) Quota" in various States will be pooled on 'All India Basis' and allotted, among the wards of Insured persons (IPs). The 'guiding principles' for filling up of 'Insured Persons Quota' will be as under:- 4.1 The Insured Persons (IPs) Quota seats will be filled through merit cum preference basis. 4.2 Reservation policy of the Central Government will be followed, within the Insured Persons (IPs) Quota enumerated above. 4.3 Candidates seeking admission under 'Insured Persons (IPs) Quota' will have to fulfill the following eligibility criteria: 4.3.1 Minimum eligibility criteria for admission will be as per MCl/NMC regulations 4.3.2 Submit "Ward of Insured Person" certificate issued by Competent/ designated Authority for the purpose by ESIC. 4.4 Prospective/desirous and eligible candidates will be required to appear in an All India competitive examinations in force or any other similar equivalent approved Central entrance test as may be specified from time to time by ESIC. 4.5 After qualifying in such Centralized test, candidates have to respond to the advertisement by the ESIC and, apply for admission under the Insured Persons (IPs) Quota.
4.5 After qualifying in such Centralized test, candidates have to respond to the advertisement by the ESIC and, apply for admission under the Insured Persons (IPs) Quota. 4.6 Merit list would be prepared based on the All India rank of eligible applicants in the specified test/merit list for the year, consistent with the reservation policy of the Central Government for preparation of category-wise inter-se merit. 4.7 Candidates will be allotted the seats, based on their merit cum preference of Institution and category, through a centralized counseling for the Insured Persons (IPs) Quota 4.8 Mop-up Counselling — Mop-up counseling would be conducted as per feasibility. Seats falling vacant / remaining unfilled/leftover, due to any reason, would be offered to balance candidates as per the guidelines of the counseling Authority. 5. Unfilled/leftover seats, if any, after conclusion of all counsellings will be surrendered to the respective State Government for inclusion in the State Government Quota, to be filled up as per policy, including reservation policy, and procedures of the State Government in a manner so as to comply with the laid down time schedule for completion of admission process. 6. Fee structure Stipulation: Fee structure (Tuition fee & other approved fee) in ESIC Medical Education Institutions will be as may be approved by ESIC from time to time. There will be no capitation fee or profiteering in any form. 7. Execution of Bond for Service All Candidates seeking admission to any ESIC Medical Education Institution will have to execute a bond for Rs. 5 lakh, to serve any ESIC / ESI Scheme (ESIS institution run by State Government) for a period of 01 years, as may be specified, from time to time. Further, the candidate would have to submit a Bank Guarantee for Rs. 05 lakh within three months of start of internship year. The original documents of the student would be retained by the Corporation pending the submission of Bank Guarantee. Period of rural service, if any, as per policy of the Central or State Government, will be inclusive in the one year period of the bond. 8. Insured person for availing the benefit of MBBS/BDS seats for his/her wards shall be 'as defined under Section (2), subsection (14) of the ESI Act, 1948', as on the last day of the contribution period immediately preceding the date of notification for NEET-UG for the relevant year.
8. Insured person for availing the benefit of MBBS/BDS seats for his/her wards shall be 'as defined under Section (2), subsection (14) of the ESI Act, 1948', as on the last day of the contribution period immediately preceding the date of notification for NEET-UG for the relevant year. Definition under Section (2), subsection (14) of the ESI Act, 1948 is reproduced as under; "Insured person" means a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is by reason thereof, entitled to any of the benefits provided under this Act". Note: The critical date for eligibility under 'IP Quota' for 2020-21 would be 30/09/2019, i.e. only a person who is 'Insured Person' as per the Act, as on 30/09/2019 would be eligible for availing benefit under the 'Insured Persons' Quota for his/her child/children. 9. 'Ward of Insured Person' will be children/child of an Insured person who are/is eligible for benefit under the ESI Act as on 31st December, 2020, for admission to MBBS/BDS course (only for 2020-21). Note: The critical date for determining age of the Ward of the IP as per Section 2 (11) (iii) of the ESI Act, 1948, for the benefit of admission to MBBS/BDS course under Insured Person Quota, would be 31/12/2020. 10. Regional Director/Other Officer/Authority/Committee under ESIC as may be specified by ESIC from time to time shall be the Competent Authority to issue the "Ward of Insured Person" certificate. The specified Competent Authority of ESIC will issue the certificate.” xx xxx. Xxxxxx” 16. Reading of the note to clause (9) of Exhibit-P1, Admission Policy/Procedure, shows that the framers of the admission policy have fixed a cut off date for determining the age of the ward of an insured person for the benefit of admission to MBBS/BDS course under Insured Person Quota, would be 31/12/2020, and that exercise of the said power by the competent authority, has been upheld by a Hon'ble Division Bench of this court by judgment dated 8.7.2019 in W.P.(C) No.14186 of 2019. 17. Appellant himself has candidly admitted that Ward of an Insured Person is not a benefit included in the ESI Act, 1948.
17. Appellant himself has candidly admitted that Ward of an Insured Person is not a benefit included in the ESI Act, 1948. It is the contention of the appellant that an unmarried son, who has completed 25 years of age, cannot apply for admission under the category, Ward of Insured Person, whereas an unmarried daughter, who has crossed the age of 21 years can apply, thus there is a discrimination. 18. Material on record discloses that though admission under the category Wards of Insured Persons may not in strict sense fall under the benefits extended as per the provisions of the ESI Act, 1948, it is discernible that it is a concession extended to the children of Insured Persons to get admission to various colleges. In such a view of the matter, it is always open to the authorities concerned, to prescribe an age limit for admission, for that category. Discrimination alleged also cannot be countenanced, in view of Article 15 of the Constitution of India. 19. Though learned counsel for the appellant has relied on clause 5.2.1 of Exhibit-P1 admission notice dated 29.10.2020, the same applies only to adoption of reservation policy of Central Government for SC/ST/ OBC/PH/EWS etc., and will be followed for allotment of seats. What is meant for allotment of seats, cannot be said to be the admission criteria. 20. Learned counsel for the appellant contended that there is discrimination in fixing different age for male and female ward of the Insured Persons, for admission to MBBS/BDS Courses in ESI Medical Educational Institutes. In view of the above specific clauses, appellant, though a participant in NEET Examination, which prescribes a maximum age of 25 years, cannot seek for admission in ESI Medical Educational Institutes. As per clause 7.9 of Exhibit-P1 Admission notice, 'Ward of Insured Person' for the purpose of availing benefit under “Insured Persons Quota', is referred to in paragraph (9) of Annexure-1 thereto, i.e. Admission Policy for Under Graduate (MBBS/BDS) Admission for Academic Session 2020-21, as extracted above. 21. Contention of the learned counsel for the appellant that while considering the scheme, all the benefits provided under the Employees' State Insurance Act, 1948 for the family of the Insured Person is automatically extended if a dependent of the Insured Person satisfies the conditions mentioned in Section 2(11) of the Act, for the sole reason of their relation with the Insured Person, cannot be countenanced.
Paragraphs 11 and 13 of the judgment in W.P.(C) No.14186 of 2019 dated 8.7.2019, which are relevant for the purpose of considering this appeal, are reproduced: “11. We find substance in the contention of the learned Standing Counsel for the ESIC that 31.8.2019 was fixed as the cut-off date since that is the last date fixed for completing the process of admission to MBBS/BDS Course. Going by Section 2(11) (iii), even if no cut-off date is prescribed, the petitioners would stand dis-entitled for the benefit under Exts.P1 and P2, on their attaining 21 years of age viz, 2.6.2019 and 15.5.2019 respectively. As held by this Court in Jemin Elizabeth Mathew's case, the admission to MBBS Course is not undertaken by the ESIC under any provisions of the ESI (General) Regulations, 1950. The Corporation was free to choose any yardstick for processing the application of the Wards of Insured Persons. For the year 2019-20, one of the yardsticks chosen by the Corporation is that the critical date for determining age of the Ward of Insured Person, for the benefit of admission to MBBS/BDS Course under the Insured Person Quota would be 31.8.2019. Fixing of such yardstick by the Corporation does not in any manner militate against the provisions of the ESI Act, the Rules or the Regulations. We are of the considered opinion that there is no arbitrariness in fixing the cut-off date as 31.8.2019 and on the other hand, the reason for fixing the cut-off date is well-founded. 12. xx xxx xxxx 13. It is contended by the learned counsel for the petitioners that as per Regulations 4 of the ESI (General) Regulations 1950, the benefits would accrue to the Insured Persons and consequently to the Wards of Insured Persons during the period corresponding to the contribution period. It is submitted that the insured persons having remitted the contribution, the benefit which accrued during the corresponding period cannot be taken away by prescribing a cut-off date, which falls within the benefit period. We are of the opinion that the contribution period and the corresponding benefit period have nothing to do with the stipulation of cut-off date in Exts.P1 and P2. As rightly submitted by the learned Standing Counsel for the ESIC, the cut-off date has been prescribed in terms of Section 2(1)(iii) of the Act.
We are of the opinion that the contribution period and the corresponding benefit period have nothing to do with the stipulation of cut-off date in Exts.P1 and P2. As rightly submitted by the learned Standing Counsel for the ESIC, the cut-off date has been prescribed in terms of Section 2(1)(iii) of the Act. Irrespective of whether contribution have been paid, on the age of 21 years, even if it is during the corresponding benefit period, a male child would be ousted from the definition of members of the family of the insured person entitled for benefit. The contribution paid by the employee is not dependent on the number of members in the family and irrespective of the payment of contribution, in the corresponding benefit period, the male child who attained 21 years before the benefit period would be dis-entitled to reimbursement of medical expenses. In that view of the matter, the contention is liable to be rejected.” 22. After considering the rival submissions, writ court, in the impugned judgment, ordered that in view of the dictum laid down in the judgment dated 8.7.2019 in W.P.(C) No.14186 of 2019, ESI Corporation was well within its powers to fix the age limit for a male ward of the insured person and, therefore, the contentions raised in this writ appeal are unsustainable. Added further, admission process is almost nearing completion. Giving due consideration to the pleadings and submissions, we are of the view that there is no error in the impugned judgment, warranting interference in appeal. Writ appeal is dismissed. Pending interlocutory applications, if any, shall stand closed.