Harsh Kumar Mehta1. Sir, though compliance in respect of coverable employee is a pre-conditions for payment of any benefits to the eligible employee under ESI Act, but the department do not reject the cases of claims of benefits only on the basis that the employer had not made any compliance. The said department can make recoveries of contributions etc. from employer, which is a separate issue. The main point to consider is whether all other conditions viz.whether the worker /employee was covered or coverable under ESI Act, 1948 and rules/regulations framed thereunder on the date of said accident ? Whether the worker/employee died as a result of injuries out of and in the course of employment ? What type of benefits are claimed by the dependants of the deceased employee in such situation is also an important question ?
2. In view of the situation as mentioned by you, it may be seen if the employer is contacted and asked to submit returns etc. in respect of said deceased employee alongwith other employees and if it was an accident case submit the accident report etc. to appropriate branch office of ESIC.
3. It will also be proper if the dependants of the said deceased worker may contact the ESIC authorities of the area to which the said worker was attached and claim benefits under ESI Act notwithstanding the fact the employer had not made compliance under said Act.
4. However, as mentioned in the remarks by the initiator of this thread a period of 4 months has already elapsed and hence in my opinion, the chances of payment of any benefits to the dependants of the deceased employee are very very less and negligible.
From India, Noida
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.