Taking a compassionate view, the Delhi High Court on Friday directed the Employees State Insurance Corporation (ESIC) to provide cancer treatment to the father of an employee. The treatment was earlier stopped due to an increase in the salary of the employee insured with the ESIC. Justice Pratibha M Singh directed ESIC to continue the treatment of the Insured Person’s (IP) father suffering from cancer at Shanti Mukund Hospital free of cost despite the wage limit of IP exceeding Rs.21,000 per month.
Justice Singh directed the ESIC to provide chemotherapy and radiotherapy expeditiously to the father of the petitioner. Advocate Ashok Agarwal appearing for the Petitioner employee argued, “ongoing treatment of IP or dependants cannot be stopped midway”.
Last week, the court had issued notice to ESIC, Central Government and sought their reply as to why the treatment of the petitioner’s father was stopped only because the petitioner’s salary has increased over and above Rs 21,000. The Court had also directed ESIC to take instructions as to what is the status of increasing the monthly wage ceiling from Rs 21,000 to Rs 25,000 for Insured persons.
The respondents on Friday informed the court that they can’t go ahead in treatment in view of their salary having exceeded the upper limit. The petitioner’s father could get the treatment for a period of six months thereafter. Advocate Ashok Agarwal appearing for the petitioner had argued that the action of ESIC to stop ongoing treatment is illegal and inhuman and is against the ESI Act itself which is a beneficial legislation.