IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Ins.APP.No. 3 of 2007(F) ----------------------- IC.11/2004 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT/OPPO.PARTY. ---------------------------------- THE REGIONAL DIRECTOR, E.S.I.CORPORATION, THRISSUR. BY ADV. SRI.T.V.AJAYAKUMAR RESPONDENT(S): APPLICANT. ------------------------- P.SADASIVAN, PUTHUVANA BHAVAN, SOUTH ARYAD, AVALOOKKUNNU P.O. ALAPPUZHA. THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 3 OF 2007 = = = = = = = = = = = = = = = Dated this the 19th day of October, 2009. J U D G M E N T This appeal is preferred against the order of the Employees Insurance Court, Alappuzha in I.C.11/04. The applicant moved an application for a direction to the respondent/Corporation to disburse sickness benefit and extended sickness benefit for his sickness of 'Lumbar Sacral Strain' at the rate of Rs.137.50 per day. The E.I.Court directed the Corporation to relax the provision of the relevant resolution and directed to disburse sickness benefit taking the wages payable to them as per law. I am afraid that the said approach may not be proper for the reason that it is a power given to the Corporation and only after compliance of certain procedural formalities it is being exercised. Suppose the Court starts relaxing it in every case then it will become a regular practice. It will go against the rules and regulations prescribed. Therefore in such cases it is always desirable considering the nature of illness to direct the E.S.I. INS.APPEAL NO. 3 OF 2007 -:2:- Corporation to once again consider the matter sympathetically on the basis of the real medical opinion and in deserving cases direct them to use that relaxing power judiciously and disburse in accordance with law. Therefore the order passed by the E.I.Court is set aside and a direction is given to the E.S.I Corporation to consider the matter of the applicant medically and on satisfaction that it requires real consideration then can sympathetically relax the order extending the provisions and grant him the benefit in accordance with law. The Ins.Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-