You have not mentioned the coverage position of the company (in which you are working) under the ESI Act, 1948. In case the company is covered under the said Act, your entitlement to benefits under the Act should be automatic without any discretion of the employer. You can inquire from the employer or their concerned department head about the coverage of the establishment under ESI and EPF. If the establishment is not covered, then find out the reasons for the same. It is important to note that the coverage under the ESI Act is limited to the areas where the scheme has been extended under section 1(3) of the Act or to the specified establishments notified under section 1(5) of the Act.
Eligibility for Coverage Under the ESI Act
For eligibility for coverage under the ESI Act, there must be 10 or more persons working in any premises.
Furthermore, the appropriate authorities to address any complaints regarding coverage/non-coverage or any issues under the ESI Act or EPF are the authorities of the Regional Director/Director in charge of the appropriate Regional/Sub-Regional Offices of ESIC and the EPF Commissioner of the area where the establishment is located. The Labour Departments, whether of Central or State Governments, do not have the authority to address complaints under the aforementioned Acts.
Regards