Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kishorkulkarni
Law Practice
Apex Management
Labour Laws Consultants
Glidor
Hr Consultant
+2 Others

Thread Started by #DrDineshahuja

I would like to share a problem with you and need your expert opinion
As of
1. Team of sso visited and prepared a false and fabricated report and without any authority letter got signed by marketing Person
2.is esi act applicable on hospitals
3. Already submitted reply as please do calculations as per balance sheet but got c18actual for directly engaged employees
C18 adhoc for a contracter who's entry was shown in survey
That contracter has given opp to show there record they also denied
4. Now again they are demanding money
What Should I do and what not to do
At present one more chance is given for file reply
Please help
27th September 2016 From India, Delhi
if contractor worker is engaged by the establishment, then they have to ensure their their ESIC /EPF/Profession Tax liability is paid by the contractor, before clearance of their bills, if the contractor is is not maintaining the procedure then the principal employer stand liable for the same.
get in touch with an consultant nearby, he will examine the issue and will submit suitable reply
28th September 2016
Dear Ahuja ji
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
1. Sir, in addition to the remarks of Sh. P.K.Sharma ji as above, I may submit that the process of action of assessment of contribution under section 45A of ESI Act, 1948 is a time-bound process and in addition, the initiator of thread is also not clear about the compliance of the contractor employees. Therefore, it is difficult to offer any comments in this case.
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
Not all states have extended coverage to "Educational and Medical Institutions under ESIC... ".
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
Sir, the appropriate government had already extended the provisions of said Act under section 1(5) vide notification dated 23/3/2011 w.e.f. 01/04/2011 in National Capital Territory, Delhi to medical institutions (including corporate, joint sector, trust, charitable and private ownership hospitals, nursing homes, diagnostic centres, pathological labs).
29th September 2016 From India, Noida
Dear Dr Dinesh Ahuja,
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.
Regards.
29th September 2016 From India, Mumbai
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