Injury suffered outside the premises, by an insured person under the ESI Act, 1948, during interval for taking food etc., being not in connection with the work of the employer, would not be covered under the term "employment injury" as defined under Secti - The Employees’ State Insurance Act, 1948
If the injury suffered by the insured person is not covered under the term "employment injury" as defined under Section 2(8) of the Act, the claimant would not be entitled to receive any claim under the Act. Presumption under Section 51-A of the Employees' State Insurance Act for treating as injury suffered by the insured person as an 'employment injury' is not available to the claimants since section 51-A of the Act, has come into force by amendment in Act in 2010 having prospective effect from 2010 and not retrospective effect from 1990 when the injury was suffered by the insured person. Rule of interpretation and construction in social piece of legislation cannot be stretched beyond a point to ignore the specific words which could not have meaning or restrictive meaning used in the statute for defining the words 'employment injury'.
-Latikaben vs. Regional Director; Employees' State Insurance Corporation 2017 (Guj. HC.)
The Employees' State Insurance Act, 1948
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