Ahmad Siddiqui
End To End Recruitment Process,performance
Hr, Ir, Law, Disc. Matters
+1 Other

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Dear All

Good Morning to all of you & Have a Nice Day Ahaed

Our is large steel manufacturing factory where the bulk of materials is being received & sent through railway operation & for that purpose we have engaged a contractor to look after the operation & maintenance of of Locomotive ( i.e. used Internally ).

If we go by the ESIC Amendment Dated: 01/06/2010 that says " ( D ) for clause (12), the following clause shall be substituted, namely:

"(12) factory means any premises including the precincts thereof wherein ten or more persons are or were employed on any day of preceeding twelve months, and any part of which a manaufacturing is being carried out or is ordinarily so carried on , but does not include a mine subject to The operation of Mines Act,1952 or A raiway running shed;"

Now my query is that whether engaged railway contractor for internal railway operation is being covered under ESI or Not.

Find Herewith the attached scan copy of Amendment dated:01/06/2010


Ahmad Siddiqui

From India, Patna

Attached Files
File Type: pdf ESI AmendmentBooklet_1210.pdf (5.46 MB, 106 views)

I think the contractor is a contractor like any other contractor.for example a crane contractor engaged for internal movement is contractor for all purpose.thus the act is applicable to that contractor who is engaged for railway operations.
Gajare MB
Consultant Mumbai

From India, Mumbai
Dear Siddiqui: In my opinion, ESI coverage of the contractor is needed, since he is working in your factory premises and you are covered under the ESI Act. The excluding clause, being a mine or railway running shed is not attracted in this case, as the contractor is engaged in operation and maintenance of rail in a premises where manufacturing activity is going on and it is not a place where there is regular rail movement When the rest of the area is covered, leaving out a minor portion of it from ESI coverage will not be sound logic. Since this is a risky operation it would be advisable for ensuring coverage. Regards

From India, Bhopal
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