Gujarat High Court
The Regional Director Employees State ... vs Jayeshbhai Shanabhai Dabhi on 10 November, 2025
NEUTRAL CITATION
C/FA/3730/2025 JUDGMENT DATED: 10/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3730 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 3730 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
==========================================================
THE REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE
CORPORATION
Versus
JAYESHBHAI SHANABHAI DABHI
==========================================================
Appearance:
SHIVANG P JANI(8285) for the Appellant(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 10/11/2025
ORAL JUDGMENT
1. This appeal has been filed under Section 82(2) of the Employees' State Insurance Act, 1948, challenging the order passed by the learned State Insurance Court, Ahmedabad, under Section 54(A) of the said Act read with Rule 20(B) of the Employees' State Insurance (Central) Rules, 1950, whereby the appeal preferred by Page 1 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:48 IST 2025 NEUTRAL CITATION C/FA/3730/2025 JUDGMENT DATED: 10/11/2025 undefined the present appellant-company came to be dismissed.
2. It is the case of the present appellant that the insured person, i.e., the respondent herein, while working with the company, M/s. Chitra Machineries Pvt. Ltd., met with an accident on 03.02.2020 and sustained an injury to the lower part of his left leg. It is stated that thereafter, the plate was automatically removed from the drill machine. The respondent underwent medical treatment in a hospital during the period from 03.02.2020 to 26.06.2020, and even after discharge, he continued to suffer from pain and swelling. It is further submitted that the respondent was unable to perform his routine work without assistance and had difficulty in walking. In view of the said condition, a reference was made to the Medical Board under Regulation 72 of the Employees' State Insurance (General) Regulations, 1950, and the respondent appeared before the said Board, which assessed 0% permanent disability. Aggrieved by the said assessment, the respondent preferred an appeal before the Medical Appeal Tribunal (MAT), being Appeal No. 27 of 2021, on 22.03.2021, wherein the Tribunal, vide order dated 13.08.2021, Page 2 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:48 IST 2025 NEUTRAL CITATION C/FA/3730/2025 JUDGMENT DATED: 10/11/2025 undefined assessed 10% permanent disability. Challenging the aforesaid order, the present appellant preferred a second appeal before the Employees State Insurance Court, Ahmedabad being Second Appeal No. 25 of 2023, which came to be dismissed. The said order is the subject matter of challenge in the present proceedings before this Court.
3. Heard learned advocate Mr.Shivang Jani for the appellant.
4. Learned Advocate Mr. Jani submits that the learned Court has committed an error in dismissing the second appeal and in upholding the order passed by the Medical Appeal Tribunal (MAT), which assessed 10% permanent disability. It is submitted that the said assessment is abnormally high and not based on proper medical evidence. Learned Advocate Mr. Jani, therefore, contends that the learned Court has erred in law as well as on facts, and hence, the impugned judgment and order deserve to be interfered with. Accordingly, it is prayed that the present appeal be allowed.
5. Having considered the submissions advanced by the learned advocate for the appellant, and having examined Page 3 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:48 IST 2025 NEUTRAL CITATION C/FA/3730/2025 JUDGMENT DATED: 10/11/2025 undefined the provisions of Section 82 of the Employees' State Insurance Act, 1948, which reads as under:-
"82. Appeal.
(1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees' Insurance Court. (2) An appeal shall lie to the High Court from an order of an Employees' Insurance Court if it involves a substantial question of law.
(3) The period of limitation for an appeal under this section shall be sixty days.
(4) The provisions of sections 5 and 12 of the 1 [Limitation Act, 1963 (36 of 1963)] shall apply to appeals under this section."
6. From the appeal memo, it is noted that in paragraph 3, the appellant has framed the substantial question of law that "Whether the learned Employees' State Insurance Court, Ahmedabad, was justified in overruling the judgment of the Medical Board?" In the opinion of this Court, the above cannot be regarded as a substantial question of law, and the appeal is liable to be dismissed on this ground alone. A perusal of the material on record, particularly the impugned judgment, reveals that on 03.02.2020, while the respondent was performing his duties, he met with an accident and sustained an injury to the lower part of his left leg. It is stated that a plate was automatically removed from the drill machine, Page 4 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:48 IST 2025 NEUTRAL CITATION C/FA/3730/2025 JUDGMENT DATED: 10/11/2025 undefined causing cramp and resulting in difficulty in performing day-to-day work. Admittedly, the Medical Board did not assess any functional disability. However, upon examination of the medical records of the respondent, the Medical Appeal Tribunal assessed 10% functional disability, which was subsequently upheld by the Employees' State Insurance Court.
7. In the considered opinion of this Court, in the absence of any substantial question of law, as well as in the absence of any merit in the appeal, the same deserves to be dismissed.
8. Accordingly, the present appeal is dismissed. ORDER IN CIVIL APPLICATION NO.1 OF 2024 Having regard to the order passed in First Appeal No. 3730 of 2025, it is hereby ordered that the Civil Application is also disposed of in accordance therewith.
(M. K. THAKKER,J) NIVYA A. NAIR Page 5 of 5 Uploaded by MRS. NIVYA ABHAY NAIR(HC01901) on Wed Nov 12 2025 Downloaded on : Wed Nov 12 21:44:48 IST 2025