Dear Anil ji,
With due respect to you Sir, I am not agree with your above quoted sentence.
There is an ambiguity. There is a confusion. I came across many cases wherein the Corporation is demanding contribution from Construction Employers in respect of construction workers. I came across some cases in courts in this regards. I came across a representation made to various level of bureaucrats and to the ministry at Central. One of the learned members of this forum Sai Kumar ji has also said that he has not come across the use of any language in the circular 4/99 that specifically exempts project sites or all employees working at project sites from coverage. The subject title of the circular 4/99 says "coverage of construction agencies/offices of builders under ESI Act - Clarification thereof" can be read in different perception in my view.
So, there is an ambiguity. There is a confusion. You may agree to disagree with me.
In our whole Legal system, there is ambiguity and confusion. ESI Act is not free from it. In fact, ambiguities and confusions in ESI are many. Even there is no uniformity across the country in many respects.
My question to you and other HR fraternity is, under such situation, what we should do?
I am asking this question so that some thing may came out by which we can really contribute to bring uniformity in the system of Law.
Similar question is asked my me in another thread on Coverage of Petrol Pumps under Factories Act wherein also there is a presence of multiple interpretations. Link of this thread is https://www.citehr.com/492917-covera...ct-1948-a.html
With due respect to you Sir, I am not agree with your above quoted sentence.
There is an ambiguity. There is a confusion. I came across many cases wherein the Corporation is demanding contribution from Construction Employers in respect of construction workers. I came across some cases in courts in this regards. I came across a representation made to various level of bureaucrats and to the ministry at Central. One of the learned members of this forum Sai Kumar ji has also said that he has not come across the use of any language in the circular 4/99 that specifically exempts project sites or all employees working at project sites from coverage. The subject title of the circular 4/99 says "coverage of construction agencies/offices of builders under ESI Act - Clarification thereof" can be read in different perception in my view.
So, there is an ambiguity. There is a confusion. You may agree to disagree with me.
In our whole Legal system, there is ambiguity and confusion. ESI Act is not free from it. In fact, ambiguities and confusions in ESI are many. Even there is no uniformity across the country in many respects.
My question to you and other HR fraternity is, under such situation, what we should do?
I am asking this question so that some thing may came out by which we can really contribute to bring uniformity in the system of Law.
Similar question is asked my me in another thread on Coverage of Petrol Pumps under Factories Act wherein also there is a presence of multiple interpretations. Link of this thread is https://www.citehr.com/492917-covera...ct-1948-a.html