Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Korgaonkar K A
20th June 2014 From India, Kannur
1. In my opinion, to avail benefits under ESI Act, 1948 for disabled employees the only condition is that the said employee must be " a person with disability under the Persons with Disabilities(Equal Opportunities Protection of Rights and Full Participation) Act, 1995 and under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999)" Rule 50 & 51-A of the ESI (Central) Rules, 1952.
2. Under above 2 Acts separate authorities have been created for registration of persons with such disabilities namely "Chief Commissioner for Persons with Disabilities". I think, the person who desires benefits under above Rules must obtain a disability certificate under any of above from Acts (which is applicable in his case) and submit the same to his employer for his coverage under above beneficial scheme of the government.
3.I will suggest that person who want benefits under above provisions should also visit his appropriate ESIC Branch Office and obtain the information regarding procedural formalities to be complied with for obtaining such benefits and accordingly request his employer to register him under said provisions of the Act.
In case employer refuses or fails to comply with the provisions of the Rules, the aggrieved disabled person can take up the matter with the Regional Director/Director (Benefits), Regional/Sub/Divisional Office of ESIC of his area indicating complete details of his case and employment.
20th June 2014 From India, Noida
As per your both suggestion today I went to SRO Surat, Benefit Branch. I show them the view of your regarding this. But still they are not clear about this rule. They said that this scheme is for Employer who appoint employee with disability, Not for employee who is already registered with esic and who is disabled during the employee. Now they asked me to write mail to esic, headquarter regarding this.
Sir, i have find a circular of esic, which also do not confirm that this scheme is for new employee or for existing. Please go through the circular and suggest me where do i find complete details of this scheme.
23rd June 2014 From India, Ahmedabad
1. As suggested by SRO, ESIC Surat you can write to Director General (Benefits Branch), Hqrs. Office, New Delhi and claim for your registration under said Disabled Persons scheme of the Government.
2. However, before approaching to the Hqrs. Office please ensure that you have necessary Certificate of Disability as laid down in one of 2 Acts as mentioned by me in my earlier remarks. Please enclose the copy of such certificate with your representation to Hqrs. office.
3. In the circular of ESIC, I could not find any reference that the employees who sustained injuries at any time after employment would not be entitled for benefits of such provisions. Therefore, in my opinion, you may approach Hqrs. Office of ESIC as suggested above.
23rd June 2014 From India, Noida
1. I had earlier suggested you to approach the higher authorities of ESIC if you have disability certificate under any of the Acts as mentioned in earlier remarks.
2. The circular of 2011 as attached by you no where bars employees getting wages upto Rs. 25000/- per month who suffered disability after joining employment. It has merely modified the procedure of such registration at the level of ESIC itself instead at the level of employer.
4th August 2014 From India, Noida
Thanks for all your help.
I would like to inform you that esic has replied my rti application for benefit for disable person. I am also attaching all paper received from esic and my RTI application for all.
Full text received :
Dated: 1 9 .08.2014
Shri Rahim Pardewala
Nalwala Moohalla. Begumppura.
Chidiya Kui, Surat
Subject : Regarding Benefit to Disabled Person from ESIC Seeking information under RTI also
I am directed to refer to your E-mail letter No. Nil dt. 01.07.2011 forwarded to this office and also forwarded to Ministry of Labour & Employment through RTI Portal whereby you have sought information on the above subject. In this connection, it is to inform that only the disabled person employed on or after 01.04.08 are entitled to get this benefit as the change in Rule 51-A has come into effect on 01.04.2008., hence you are eligible for getting all benefits from ESIC upto the wage ceiling of Rs. 25000/-as you came into insurable employment after 01.04.2008 (i.e. on 01.07.2008) . A document containing"pages is being enclosed herewith for your information please.
9th September 2014 From India, Ahmedabad
Decision taken by ESIC Hqrs. was only after all paper regarding myself were given by SRO, Surat as reference. They have now accepted the decision and It will be helpful to them for further case. Now I will approach my employer.
14th September 2014 From India, Ahmedabad
Now I feel very sorry for the ESIC, who's senior person are not ready to accept the reply of ESIC Hrq. In my case, my employer approach two of ESIC Regional office i.e. Jaipur and Udaipur, with the Reply of ESIC Hrq. for my disability benefit. But the Director's reply so softly that this benefit is only for New Employee. So Sad. Request to all seniors to please guide me further.
6th December 2014 From India, Ahmedabad
7th May 2018 From India, Kannur
2. Employees' Compensation Act is applicable to all type of industries/factories as defined in the said Act. However, the scope of coverage of ESI Act, 1948 is restricted to the implemented areas and in said units is applicable in respect of the employees who fall within coverage limit of wage ceiling ( which is presently Rs. 21000/- per month).
3. In a factories /establishments which are covered under both i.e. under Employees' Compensation Act as well as under ESI Act, 1948, injured employees can claim compensation (Permanent Disablement or Temporary Disablement Benefit) only under provisions of ESI Act, 1948. However, in case the injured employee is not covered under ESI Act, 1948, principal employer is liable under the Employees' Compensation Act.
8th May 2018 From India, Noida
When this forum administration is very expert in deleting the posts, why such posts are not being deleted?
Nearly 200 posts of mine are deleted in the past though they were relavant & valuable, surprisingly.
27th May 2018 From India, Mumbai
In fact, I'm confused now due to so many things in my mind.
I feel we are making mistake somewhere in understanding the issue.
I think, there are two issues over here. One is pension to disable person (employment injury) and another is an incentive to employer for employing disable person.
It came to my reading recently if I'm not wrong, that the salary ceiling of Rs. 25000 is now gone away for availing the incentive. I tried googling but enable to find out.
Need some study in this matter. In the meantime some throw some light in this regard, it will be better.
27th May 2018 From India, Mumbai