tffiffiB *# KERALA STATE ETECTRICITY BOARD I.IMITED (lncorporated under the lndian Companies Act, 1956) Cl N : U40 100 KI2ALLSGCOZT 424 Office of the Chief Personnel Officer, personnel Department, Vydyuthi Bhavanam, Pattom, Thiruvananthapuram, Kerala-695 004 Phone No.047 I 251447 2, 2514527, 25L4256 FAX No.047 1 251.447 2 Web: www.kseb.in e-mail:[email protected] Abstract Reimbursernent of Medical expenses in full in respect of the accidents occurred to Board Employees duning the course of ennployment as per the provisions of the Employees' Compensation Act, L923 Applicability of the theory of Notional Extension for medical reimbursement - Clarification - Orders issued. - coRPoRATE OFFICE B. O. { FrD} N o. 306/2017( psvt Read:- I t/rvX R/G (PERSCIfU NEL) Eated, Thiruvasra nthapuram; 05-02-2017" L/2007 } 1. B.O.No.2625199 PS (CON) 98 dated 29-11-1999. 2. 3. 4. s. 6. 7. 8. Circular No.PS/CON/98 dated 15-12-1999. The Employees'Compensation Act, 1923. B.o. (FB) No.628/2007 (PStl to1,/2006) dated t9-O3-zo}7 . B.o. (FB) No.64L/2077(pS7/6047 /2008]' dated 28-02 -2071,. B.O. ( FM ) No.2966 / 2071(pSL/ 77 57 / 2OO9) dated 24-12-2077. B.O. (FTD) No.7 46/2Ot6(pS7/3764/2015) dated 03-03-2016. Decision of the Full Time Directors meeting dated 24-0i.-20L7. ORDER Kerala State Electricity Board Limited, vide Order read 1tt paper above, has issued orders to reimburse the medical expenses at full rates in the event of occurrence of accidents during the course of and out of employment with effect from 01-07-1998 in respect of employees in the regular service of the Kerala State Electricity Board Limited coming under the purview of Employees' Compensation Act, 1923. Several representations for reimbursement of medical expenses at full rates for the accidents occurred during the journey to and from the place of employment have been received recently requesting to consider the principle of "Notional Extension" which was scrutinized on behalf of the Employees'Compensation Act, 1923. The Hon'ble Courts have aired divergent views in the matter, wherein in certain cases Courts have applied the principle of "Notional Extension" whereas in other circumstances the same is not seen applied, for reasons unknown. Considering the divergent views expressed by Hon'ble Courts, the Legal Adviser & Disciplinary Enquiry Officer, Kerala State Electricity Board Limited, has remarked that "the employees of Kerala State Electricity Board Limited are otherwise protected under the Scheme of reimbursement of medical expenses. ln the case of accidents involving vehicles, the victims are eligible for compensation under the tVlotor Vehicles Act. Accordingly, it is not advisable to reimburse actual medical eipenses by notional extension of time and place of employment as a legally enforceable right under the Employees' Compensation Act, L923". Having considered the remarks of the Legal Adviser & Disciplinary Enquiry Officer, the Full Time Directors Meeting held on 24-OL-2017 has decided that the employees of Kerala State for reimbursement of actual medical expenses by notional extension of time and place of employment since the employees of Kerala State Electricity Board Limited are not eligible Electricity Board Limited are otherwise protected under the Scheme of reimbursement of medical expenses and are eligible for compensation in respect of accidents involving vehicles as per Motor Vehicles Act . All pending cases shall be disposed as above. By Order of the Full Time Directors sd/- RAJTHILAKAN M G Secreta ry (Administration ) To The Chief Engineer (HRM), Kerala State Electricity Board Limited. All Chief Engineers (Electrical & Civil) All Deputy Chief Engineers (Electrical & Civil)/All Executive Engineers (Electrical & Civil) All Regional Audit Officers/Deputy Chief Engineer (lT) The Chief Public Relations Officer/Deputy Secretary (Administration) The Financial Adviser/Chief lnternal Auditor/ Chief Vigilance Officer/ The Legal Adviser & Disciplinary Enquiry Officer The TA to Chairman & Managing Director The TA to Director (Distribut"ion, Safety & Generation-Electrical) The TA to Director (Corporate Planning & Supply Chain Management) The TA to Director (Transmission & System Operation) The TA to Director (Generation- Civil & Human Resource Management) The PA to Director (Finance)/CA to Secretary (Administration) The Fair Copy Superintendent/ Librarian/Stock File Forwarded/By Order w"*: Senior Superintendent
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