1. Sir, though compliance in respect of coverable employees is a precondition for the payment of any benefits to the eligible employee under the ESI Act, the department does not reject the cases of claims of benefits only on the basis that the employer had not made any compliance. The said department can make recoveries of contributions, etc., from the employer, which is a separate issue. The main point to consider is whether all other conditions, such as whether the worker/employee was covered or coverable under the ESI Act, 1948, and rules/regulations framed thereunder on the date of said accident. Whether the worker/employee died as a result of injuries out of and in the course of employment. What type of benefits are claimed by the dependants of the deceased employee in such a situation is also an important question?
2. In view of the situation as mentioned by you, it may be seen if the employer is contacted and asked to submit returns, etc., in respect of said deceased employee along with other employees and if it was an accident case, submit the accident report, etc., to the appropriate branch office of ESIC.
3. It will also be proper if the dependants of the said deceased worker may contact the ESIC authorities of the area to which the said worker was attached and claim benefits under the ESI Act notwithstanding the fact the employer had not made compliance under the said Act.
4. However, as mentioned in the remarks by the initiator of this thread, a period of 4 months has already elapsed, and hence, in my opinion, the chances of payment of any benefits to the dependants of the deceased employee are very, very less and negligible.