Dear All,
To bring more clarity in the subject matter, I submit / re-submit as under:
1. I completely agree with Harsh Kumar ji that, the construction agencies who are employing 10 ( or 20 depending on State Govt. notification under section 1(5)), number of employees in their offices and the office is situated in an implemented area,are to be covered.
2. I also completely agree with Harsh Kumar ji that, If the construction workers are engaged in a covered factory or establishment, they are to be considered to be the employees of that covered factory/establishment which engaged them, are to be covered.
3. Now the question is, whether the construction workers engaged at construction sites in implemented area are to be covered under the Scheme or not?
I repeat what I said earlier in regards to Serial No. 3 above:
1. The Practice of Law is, construction workers are not covered under the Scheme, invariably.
2. However, there is a difference of opinion on it.
3. I came across some cases wherein the Corporation is claiming contribution from constructions companies in respect of construction workers.
I want to share that some the construction companies have made representation at various places i.e. during inspection, in personal hearing (C-18), in the matter under section 75(2B) on following points:
1. By virtue Circular 4/99, ESIS is not applicable construction workers at site;
2. The Central Ministry is well aware of non-implementation of ESIS for construction workers and proposed decision of its' implementation is pending for want of Notification in this regards;
3. In the previous inspections, no such demand raised by the corporation and why it is now only?
4. And many more.
Even I have seen that the applicants i.e. Construction Companies had strong prima-facie cases to prove in their favour, the court has not granted exemption from depositing 50% of the claim amount or less in the court.
I have seen the representation made to the ESIC Head Quarters as well as to the Central Ministry before filing an application by some of the construction companies under section 75(2B) but in vein.
All this thing I am not suppose to share in public but still I am doing it in good faith so that my professional colleagues will get a picture on applicability of ESIS to construction workers.
Experts should do value additions in this.
To bring more clarity in the subject matter, I submit / re-submit as under:
1. I completely agree with Harsh Kumar ji that, the construction agencies who are employing 10 ( or 20 depending on State Govt. notification under section 1(5)), number of employees in their offices and the office is situated in an implemented area,are to be covered.
2. I also completely agree with Harsh Kumar ji that, If the construction workers are engaged in a covered factory or establishment, they are to be considered to be the employees of that covered factory/establishment which engaged them, are to be covered.
3. Now the question is, whether the construction workers engaged at construction sites in implemented area are to be covered under the Scheme or not?
I repeat what I said earlier in regards to Serial No. 3 above:
1. The Practice of Law is, construction workers are not covered under the Scheme, invariably.
2. However, there is a difference of opinion on it.
3. I came across some cases wherein the Corporation is claiming contribution from constructions companies in respect of construction workers.
I want to share that some the construction companies have made representation at various places i.e. during inspection, in personal hearing (C-18), in the matter under section 75(2B) on following points:
1. By virtue Circular 4/99, ESIS is not applicable construction workers at site;
2. The Central Ministry is well aware of non-implementation of ESIS for construction workers and proposed decision of its' implementation is pending for want of Notification in this regards;
3. In the previous inspections, no such demand raised by the corporation and why it is now only?
4. And many more.
Even I have seen that the applicants i.e. Construction Companies had strong prima-facie cases to prove in their favour, the court has not granted exemption from depositing 50% of the claim amount or less in the court.
I have seen the representation made to the ESIC Head Quarters as well as to the Central Ministry before filing an application by some of the construction companies under section 75(2B) but in vein.
All this thing I am not suppose to share in public but still I am doing it in good faith so that my professional colleagues will get a picture on applicability of ESIS to construction workers.
Experts should do value additions in this.