Can Disabled Employees Like Me Get the ₹25,000 Ceiling Increase Benefit Under ESIC?

Dear Sir, I am also a disabled person with 40% disabilities (Disability Type: LOCO MOTOR DISABILITY/CEREBRAL PALSY). This disability occurred during the course of my work in 2010. I am also receiving a monthly pension. Can I get the ceiling increase benefit of ₹25,000? ESIC has already uploaded my disability certificate, but the company says that this ceiling increase benefit is only for new employees, not for current employees. Please guide me.

Regards,
Rahim Pardewala
Surat
(Note: Attaching my employee details on the ESIC website.)
Attribution: https://www.citehr.com/348612-esi-pf...#ixzz357DmP5lH

Applicability of ESI Contribution for Employees with Disabilities

It is not confined to new joiners but can be made applicable to existing employees. The basic purpose of this arrangement is to encourage employers to hire people with disabilities. That is why the employer's share of ESI contribution is being paid by the Central Government (for three years). If your employer has any concern that they will incur some additional expenditure if you are covered, please educate the HR that there is no contribution payable by the employer in your case.

Regards,
Madhu.T.K

In my opinion, to avail of benefits under the ESI Act, 1948 for disabled employees, the only condition is that the said employee must be "a person with a disability under the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, and under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999" as per Rule 50 and 51-A of the ESI (Central) Rules, 1952.

Under the above two Acts, separate authorities have been created for the registration of persons with such disabilities, namely the "Chief Commissioner for Persons with Disabilities." I think the person who desires benefits under the above Rules must obtain a disability certificate under any of the above Acts (whichever is applicable in his case) and submit the same to his employer for coverage under the beneficial scheme of the government.

I suggest that individuals seeking benefits under the above provisions should also visit their appropriate ESIC Branch Office and obtain information regarding the procedural formalities to be complied with for obtaining such benefits. Subsequently, they should request their employer to register them under the said provisions of the Act.

In case the employer refuses or fails to comply with the provisions of the Rules, the aggrieved disabled person can take up the matter with the Regional Director/Director (Benefits) at the Regional/Sub/Divisional Office of ESIC in his area, providing complete details of his case and employment.

Thank you.

As per both of your suggestions, today I went to SRO Surat, Benefit Branch. I showed them your view regarding this issue. However, they are still not clear about this rule. They mentioned that this scheme is for employers who appoint employees with disabilities, not for employees who are already registered with ESIC and become disabled during employment. They have now requested me to write an email to ESIC headquarters regarding this matter.

Request for Clarification on ESIC Scheme

I have found a circular from ESIC, which also does not clarify whether this scheme is for new employees or existing ones. Please review the circular and advise me on where to find complete details of this scheme.

http://esic.nic.in/CIRCULARS/englishbft.pdf

Regards,
Rahim Pardewala
Surat

As suggested by SRO, ESIC Surat, you can write to the Director General (Benefits Branch), Hqrs. Office, New Delhi, and claim your registration under the said Disabled Persons scheme of the Government. However, before approaching the Hqrs. Office, please ensure that you have the necessary Certificate of Disability as laid down in one of the two Acts mentioned in my earlier remarks. Please enclose a copy of such certificate with your representation to the Hqrs. office.

In the circular of ESIC, I could not find any reference stating that employees who sustained injuries at any time after employment would not be entitled to the benefits of such provisions. Therefore, in my opinion, you may approach the Hqrs. Office of ESIC as suggested above.

Today, I went to the SRO in Surat again for my query. They showed me the circular of ESIC. You are requested to please go through the circular and suggest to me.

Regards,
Rahim Pardewala

I had earlier suggested you approach the higher authorities of ESIC if you have a disability certificate under any of the Acts mentioned in earlier remarks. The circular of 2011, as attached by you, nowhere bars employees getting wages up to Rs. 25,000 per month who suffered a disability after joining employment. It has merely modified the procedure of such registration at the level of ESIC itself instead of at the level of the employer.

Dear Sir,

Thank you for all your help. I would like to inform you that ESIC has replied to my RTI application for benefits for a disabled person. I am also attaching all the paperwork received from ESIC and my RTI application.

Full Text Received:

Dated: 19.08.2014

To,

Shri Rahim Pardewala

7/4822.0PP.Appex Hotel.

Nalwala Moohalla, Begumppura.

Chidiya Kui, Surat, Gujarat

Subject: Regarding Benefit to Disabled Person from ESIC Seeking Information Under RTI

Sir, I am directed to refer to your email letter No. Nil dated 01.07.2011, forwarded to this office and also forwarded to the Ministry of Labour & Employment through the RTI Portal, where you sought information on the above subject. In this connection, it is to inform you that only disabled persons employed on or after 01.04.08 are entitled to this benefit as the change in Rule 51-A came into effect on 01.04.2008. Hence, you are eligible to receive all benefits from ESIC up to the wage ceiling of Rs. 25,000/- as you entered insurable employment after 01.04.2008 (i.e., on 01.07.2008). A document containing "pages" is enclosed herewith for your information, please.

Ram Kishan

Asst. Director (Bft.)

Now I feel very sorry for the ESIC, whose senior persons are not ready to accept the reply of ESIC HR. In my case, my employer approached two ESIC Regional offices, i.e., Jaipur and Udaipur, with the reply from ESIC HR for my disability benefit. However, the Director's response was so dismissive, stating that this benefit is only for new employees. It is truly disheartening. I kindly request all seniors to guide me further.

Thank you.

Change in the Name of the Act

1. Sir, the name of WC, i.e., the Workmen's Compensation Act, has been changed to the Employees' Compensation Act. Hope you will refer to the relevant Act as amended.

Applicability of the Employees' Compensation Act

2. The Employees' Compensation Act is applicable to all types of industries/factories as defined in the said Act. However, the scope of coverage of the ESI Act, 1948, is restricted to the implemented areas, and in said units, it is applicable in respect of the employees who fall within the coverage limit of the wage ceiling (which is presently Rs. 21,000 per month).

Compensation Claims under the ESI and Employees' Compensation Act

3. In factories/establishments covered under both the Employees' Compensation Act and the ESI Act, 1948, injured employees can claim compensation (Permanent Disablement or Temporary Disablement Benefit) only under the provisions of the ESI Act, 1948. However, in case the injured employee is not covered under the ESI Act, 1948, the principal employer is liable under the Employees' Compensation Act.

In fact, I'm confused now due to so many things in my mind. I feel we are making a mistake somewhere in understanding the issue. I think there are two issues here. One is the pension for a disabled person (employment injury), and the other is an incentive for an employer to employ a disabled person. It came to my attention recently, if I'm not wrong, that the salary ceiling of Rs. 25000 has been removed for availing the incentive. I tried googling but was unable to find out. I need some study in this matter. In the meantime, if someone could shed some light on this matter, it would be appreciated.

Thank you.