Harsh Kumar Mehta
Consultant In Labour Laws/hr
Labour Laws Consultants
get in touch with an consultant nearby, he will examine the issue and will submit suitable reply
28th September 2016
I take this opportunity to comment on your each and every query to the best of my knowledge as under:-
1. It is difficult to prove the report of SSO team who prepared and might have obtained certain documents duly stamped and signs as false and fabricated even after labeling corruption charges.
2. Yes, ESIC is applicable to Hospitals as well.
3. Before, issuing C18, adhoc / actual the ESIC Regional office must have exercised applicable remedies and in the absence of compliance or proper reply from your side, they seems to have proceeded further. It is also bought to your notice, that C18 ad hoc can not be reviewed for actual unless have proper reasons and even deposition of certain amount out of the demand.
3. As stated above, after issuing C18, your reply may not have been considered. Same is the case of your contractor.
4. Without going through the compliance and relevant documents, one cannot comment as to what to do.
P K Sharma 9816033142
28th September 2016 From India, Delhi
2. The findings and recommendations of Preliminary Inspection Report/ Inspection Report of any Social Security Officer is generally accepted by ESIC so far as coverage of an unit is concerned. Such Reports can be challenged ( if there are valid reasons for such challenge) only in Employees' Insurance Court, locally established. Therefore, I will suggest to the initiator of this thread to contact an experienced advocate who is attending cases locally in designated EI Court and challenge the decision/demands of ESIC, their reports etc.etc., if otherwise found suitable on merit.
28th September 2016 From India, Noida
Some States like TN and Kerala have done so, as such, situation may differ from State to State.
Therefore, it will be necessary to find out whether Hospitals are included in the notification by the State under section 1(5) of ESI Act.
29th September 2016 From India, Kolhapur
29th September 2016 From India, Noida
Kindly refer the circulars ( Inspection Policy ) under ESI issued by Insurance Commissioner, HO Dated 1.08.2014 / 25.08.2014 / 18.06.2015. make representation to the above authority.
Kindly convey to the forum about the outcome.
29th September 2016 From India, Mumbai