No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS AO No. 21 of 2022 Hon’ble Alok Mahra, J. Mr. Abhishek Verma, learned counsel for the appellants. 2. Mr. Ketan Aswal, learned counsel for respondent no. 2. 3. Mr. C.K. Sharma, learned counsel for respondent no. 3. 4. This Appeal from order has been filed by the appellant challenging the order dated 18.10.2021 passed by the Workman Compensation Commissioner / Presiding Officer, Labour Court, Kashipur, Udham Singh Nagar in ECA No. 19 of 2017, Jaspal Singh and Another Vs. Compact Lamps Pvt. Ltd. and Others. 5. Brief facts of the case are as hereunder:- Son of the appellant Ajay Pal was a workman working with respondent no. 1 and was outsourced by respondent no. 2. By the impugned order, the Workman Compensation Commissioner has held that since the son of the appellant was registered with the ESI Corporation and they have earlier filed claim before the ESI, which was rejected, therefore, the appellant may be barred by provision of Section 53 of ESI Act to approach another forum including the Workmen Compensation Commissioner. 6. Learned counsel for the appellant has drawn the attention of this Court to a letter dated 20.09.2019 issued by Branch Manager, ESI, Kashipur, wherein, it has been mentioned that son of the appellant was engaged with respondent no. 1 on 05.05.2017 and his registration in the ESI was done on 08.05.2017 i.e. admittedly after the death of son of the appellant, as he has died on 05.05.2017 itself. 7. Hearing learned counsel for the parties and perused the record. 8. It is settled proposition of law that a dead person cannot be insured and admittedly, son of the appellant died on 05.05.2017 and was registered with the ESI Corporation on 08.05.2017 i.e. three days after his death. Therefore, the son of the appellant was not insured/registered with the ESI. Hence, the provisions of ESI Act are not applicable in his case and the appellant has rightly preferred the claim petition before the Workmen Compensation Commissioner. 9. With the above observation, the present appeal from order is allowed. The impugned order dated 18.10.2021 passed by the Workman Compensation Commissioner / Presiding Officer, Labour Court, Kashipur, Udham Singh Nagar in ECA No. 19 of 2017 is set-aside. 10. The matter is remitted back to the Workmen Compensation Commissioner concerned to consider and decide the claim petition of the claimant afresh, in accordance with law and in an expeditious manner, after giving the liberty to all the party concerned. (Alok Mahra J.) 11.09.2025 Ujjwal