Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Head - Human Resources
Labour Laws Consultants
20th September 2016 From India, Mumbai
2. The best course, in my opinion, will be to inform the said ESI dispensary in writing that the said employee is habitual (if the said worker is actually habitual) in obtaining the ESI medical certification at the cost of work etc. and in future ESI medical certificate may be issued with care/strictly as and when genuinely required. ESIC Branch Manager can also be informed on the same lines.
3. To take any action against the insured person who is on authorised ESI medical leave is an offence punishable under section 85(d) read with section 73 of said Act. Neither any policy of the company nor standing orders of any kind are relevant if the certification of the ESI dispensary/hospital is genuine and proper.
20th September 2016 From India, Noida
If a medical certificate is issued by a competent authority, It is next to possible to prove that the insured has obtained it on false grounds. However, if a certificate seems to be obtained on false grounds, complaint can be lodged with the State Medical Commissioner who can investigate into it but you cannot take disciplinary action on this ground.
P K Sharma
21st September 2016 From India, Delhi