Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Korgaonkar K A
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+1 Other

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Dear Sir,
I am also disable person with 40% disabilities (Disability Type LOCO MOTOR DISABILITY/ CEREBRAL PALSY ) This disability happen during the course of my work in 2010. I am also getting a monthly pension. Can i get the ceiling increase benefit of 25000/-. ESIC has already uploaded my disability certificate but company say's that this ceiling increase benefit is only for new employee not for current employee.
Please guide me.
Rahim Pardewala
Surat
(Note : Attaching my employee detail on esic website.)
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(Note : Attaching my employee detail on esic website.)

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It is not confined to new joinees but can be made applicable to existing employees. The basic purpose of this arrangement is to encourage employers to hire people with disabilities. That is why the employer's share of ESI contribution is being paid by the Central Govt ( for three years) If your employer has any concern that he will incur some additional expenditure if you are covered, please educate the HR that there is no contribution payable by the employer in your case.
Madhu.T.K
Sir(s),

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.
Dear Sir,
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.
http://esic.nic.in/CIRCULARS/englishbft.pdf
Rahim Pardewala
Surat
Sir,
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.
Sir, Today I again went to SRO, Surat for my query they show me the circular of esic. You are requested to please go through the circular and suggest me. Rahim Pardewala

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Sir,
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.
Sir,

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

To,

Shri Rahim Pardewala

7/4822.0PP.Appex Hotel.

Nalwala Moohalla. Begumppura.

Chidiya Kui, Surat

Gujarat

Subject : Regarding Benefit to Disabled Person from ESIC Seeking information under RTI also

Sir,

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.

Ram Kishan

Asstt..Director (Bft.)

------------

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File Type: pdf esic reply.pdf (7.45 MB, 222 views)

Sir, You have enclosed the decision of ESIC Hqrs. Office dated 19/08/2014. I will like to know as to what is the opinion of SRO, ESIC, Surat. They had earlier rejected your case.
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