Statutory bar on employee damages claims under the Employees State Insurance Act excludes tort recovery for employment injury.

Section 53 of the Employees State Insurance Act, 1948 creates an absolute bar against an insured employee recovering compensation or damages from the employer or any other person under the Workmen's Compensation Act, tort, or any other law for an employment injury. The Court held that the statutory wording is wide enough to exclude a damages claim in tort and that the scheme of the Act requires the remedy under the Act to govern such employment-related claims. Relying on Trehan, the Court rejected any dilution of this bar by reference to the Act's beneficial character. The employee's damages claim was therefore not maintainable.

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Issues: Whether an employee who has suffered an employment injury and received benefits under the Employees State Insurance Act, 1948 can maintain a claim for damages against the employer under tort or any other law.

Analysis: Section 53 of the Employees State Insurance Act, 1948 creates an absolute bar against receiving or recovering compensation or damages under the Workmen's Compensation Act, 1923 or any other law in respect of an employment injury. The expression used in the provision is wide enough to exclude a claim in tort as well, and the scheme of the Act shows that the legislature intended the remedy under the Act to govern claims arising from the employment relationship. The earlier decision of the Court in Trehan was followed as correctly stating that the statutory bar cannot be diluted by treating the Act as beneficial legislation in a way that defeats its clear wording.

Conclusion: The employee could not maintain a damages claim against the employer after receiving benefits under the Employees State Insurance Act, 1948.

Final Conclusion: The appeal succeeded and the order permitting the proposed suit was set aside, with the trial court's dismissal of the employee's application restored.

Ratio Decidendi: Section 53 of the Employees State Insurance Act, 1948 bars an insured employee from claiming compensation or damages from the employer or any other person under any other law, including tort, for an employment injury.

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