Dinesh Divekar
Business Mentor, Consultant And Trainer
Hiren Chheda
Labour Law Advisor

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dear all
i attached h/w views / objections for raising the limit under esi, honestly i am thankful to retired esi person without his opinion i could not have completed this task.
i attached one more file on behalf of employers objections.
pl tries to send your views by adding / subtracting at an earliest.
pl if you are in contact with employers associations / federations then send the objections on their letter head by amending the draft attached.
someone or union can approach high court for staying the limit and in mumbai if any association needs any help pl give my contact details.
regards
hiren chheda
09821078457

Attached Files
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File Type: doc 4 CONSULTANT,ADVOCATE,ADVISORS, HR.doc (49.5 KB, 429 views)
File Type: doc OBJ FROM EMPLOYERS.doc (30.5 KB, 189 views)

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Dear Mr Hiren Chheda,

I have read your both the documents. I strongly disagree with your proposition.

Your main contention is that ESI does not have adequate infrastructure to cater to the needs of existing beneficiaries. With increase in the slab of ESI contribution, number of beneficiaries would go up. Therefore, beneficiaries would not be able to avail of the benefits.

If the ESI infrastructure is inadequate, then Mr Hiren Chheda, you can file Public Interest Litigation (PIL) i.e. writ mandamus and direct ESI corporation to raise quality of their services by bringing court order.

If you say that for a long time you had been employer for a long time then how many times your employees complained to you that they do get benefits of ESI as they supposed to get? If they had complained to you then how many times you referred their complaint to ESI commissioner of your area? If ESI commissioner of your area did not heed your complaint then how many times have you complained to central authorities of ESI?

Granted Mr Hiren Chheda that you are quite honest in remittance of ESI contribution. But then how many employers are like you? How many evade the contribution and still enjoy the impunity? Now you have given submission to authorities to desist from increasing the ceiling but have you approached any time to trade bodies like CII, ASSOCHAM or FICCI and told that they should ensure that all employers should remit their contributions timely and that to in a fair manner?

Have you done all of the above? If no then what stopped you from doing all this?

In your petition, you have mentioned that when the last revision was done, trade unions had approached to the court challenging the increase. They also had cited the same reasons that benefits do not percolate to the intended beneficiaries. Approach of trade unions is always dubious. Many trade unions are puppets at the hands of employers. When the beneficiaries do not get not benefits then why these trade unions did not approach court? Instead of raising hassles with employers on petty issues why these unions did not channelize their energies in fighting for the cause of workers? Why none of the union has ever given dharana in front of ESI office?

Divesting the benefits of social securities is not a solution. Raising the quality of life is a solution. What you are suggesting is to throw proverbial baby along with the bath water. Today your objection is on raising the ceiling ESI contribution, tomorrow you may approach Govt of India to stop benefits of below poverty line (BPL) families. Quarter century ago the then prime minister had openly admitted that only 15 paise of a rupee reach the BPL families. 25 years later the situation is no different but then this is what your or mine leadership is - to stand for what is just and not run away from the truth!

Regards,
Dinesh V Divekar




Limit of your words is limit of your world
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