Sir(s),
You have not mentioned the coverage position of the company( in which you are working) under ESI Act, 1948. In case, the same is covered under said Act, your entitlement to benefits under said Act should be automatic without any discretion of the employer.
You can enquire from the employer/their concerned department head about coverage of establishment under ESI and EPF and if not covered, then what are the reasons for the same. It is also submitted that the coverage under ESI Act is limited only to the implemented areas i.e. areas where the scheme has been extended u/s 1(3) of said Act or the specified establishments notified under section 1(5) of the said Act.
In order to be be eligible for coverage under ESI Act, there must be 10 or more persons working in any premises.
Further, the appropriate authorities to attend to any complaints regarding coverage/non-coverage or any issue under ESI Act or EPF are the authorities of Regional Director/Director, Incharge of appropriate Regional/Sub-Regional Offices of ESIC and EPF Commissioner of the area where the establishment is located. Labour Departments, whether of Central or State Govts. have no authority to attend to the complaints under above Acts.