ESI Pension Stopped Since 2018: Who Can Help Resolve This Urgent Issue?

Pension Discontinuation Issue with ESI

My sister, who is a widow, receives a monthly pension from ESI along with her three minor children. Her pension was discontinued in January 2018. Upon approaching the ESI authorities at the Gurugram office, it was discovered that another member's name had been mistakenly incorporated under the same ESI number by the authorities, leading to the discontinuation of her pension. Despite our regular reminders to the ESI office in Gurugram for prompt resolution of the issue, no action has been taken yet, and my sister has not received her pension since January 2018. The ESI authorities have acknowledged their mistake and assured us that they will resolve it soon, but this assurance has not been fulfilled.

Please advise us on whom we should escalate this matter to at the highest level, as there has been a significant delay, and the livelihood of my sister and her family, who heavily rely on this pension amount, is now at stake. Additionally, please inform us of the steps we can take to remedy this situation.

Thank you.

Handling Delays in ESI Office

There is a possibility of missing links in the ESI office. Don't get upset over the delays happening; that is the fate of Indian bureaucracy. To do better, visit the concerned officer repeatedly and try to ascertain what needs to be done now. As you know, ESIC provides death benefits to the dependents of the insurable employee.

Eligibility for Death Benefits

If the employee died due to a fatal accident during employment or while coming to or going from the office, then his dependents are eligible for the benefit. Please check whether your sister submitted all the following documents required to process your claims under the ESIC Act:

1. Form No. 12 (Accident Report)
2. Form No. 15 (Claim Form)
3. Form No. 22 (Funeral Expense Claim)
4. Death Certificate
5. FIR Report
6. Original Death Certificate along with two attested copies
7. Inquest copy
8. Postmortem Copy
9. Panchnama copy
10. Forensic report copy
11. Death Cause Certificate
12. NOC for handing over the dead body to the legal heir of the deceased employee
13. Address proof of the claimant & deceased employee
14. Certificate of the employer stating whether the death occurred while in service of the member or not
15. Dependent certificate indicating dependency on the deceased employee
16. Investigation report and witness statements, etc.
17. Age proof of the claimant
18. Attendance Sheet
19. ID Card
20. Birth Certificate of the deceased employee
21. Birth Certificate of Parents
22. 3 passport size photos of parents
23. Bank Account details with Dena Bank or State Bank of India (Individual accounts for Mother & Father)

You'll understand what's happening there if you repeatedly contact the concerned party.

Dear Sir, thank you for the detailed advice. My brother-in-law passed away in November 2010 due to a fatal accident while returning home after completing his duty. All the necessary papers were submitted, and his pension commenced in 2011. Up until January 18, my sister had been receiving the monthly ESI pension, but it has not been credited to her account since then. Upon checking online, it was discovered that another name has been added to the same ESI number, besides my sister and her dependent children.

We personally contacted the ESI authorities and explained the situation, also filing a written complaint. Although the person received the complaint without acknowledgment, he admitted to the mistake on their part and assured that it would be resolved promptly. Despite regular visits to the ESI office over the past four months, he continues to provide reassurances. As I reside away from Delhi, I am unable to meet with the authorities in person. I spoke with an ESI representative over the phone who promised to address the issue by December 15, 2018, but did not provide his contact number.

Unfortunately, there has been no progress to date, and it seems that the only remaining option is for me to visit in person. I seek guidance on whom to address this issue for a prompt resolution, as the conduct of the involved party remains unclear.

Kindly advise me on the appropriate steps to take in this matter.

Regards,
P S Negi
[Phone Number Removed For Privacy-Reasons]

Hi Negi,

You can upload your complaints against non-payment of ESI Pension on this site: :: ESIC ::

Dear Sir, I am trying to lodge my complaints on the ESIC grievance portal. I have attempted several times, but every time I receive a message stating, "Due to a server error, please log in after some time." Is there any other portal where I can lodge my ESIC complaints?

The ESIC personnel are not providing me with the factual position of the above case. I understand that something wrong has been done by them. When I make a call, they provide many other reasons for the stoppage of the ESIC family pension, such as system errors made by others whom they do not know, and always assure us that the case will be settled at the earliest.

My sister, who is the recipient of the ESIC pension, is very depressed due to the above situation. Furthermore, her financial condition has reached a pathetic level, and we have also suffered in various ways by providing financial aid and dedicating precious time to follow up personally on this case. The callous attitude of the ESIC Gurugram branch has now become intolerable.

Please suggest to whom we should represent this case.

Thank you.

The following follow-up action is suggested, either in combination or in parallel:

1. Send a legal notice under RPAD, giving 15/30 days' notice to RPFC.

2. You may also file an RTI query, listing out all possible queries you'll have by attaching D/D towards charges (you may also check the steps to be taken for this purpose, fees, designated officer, etc., made available on EPFO's website under RTI).

3. Once you receive the RTI reply, you may even consider filing a suit in an appropriate Consumer court or civil court/HC as may be applicable, seeking directions of the court for the redressal of your grievances.

Thank you, Mr. Kumar, for your valuable guidance. I would also like one more piece of advice from you. Should I file a complaint with the ESIC head office and send a copy to the ESIC Vigilance Office before proceeding with an RTI application and sending a legal notice via RPAD? Please advise.

Yes, you can do that. It's always better to exhaust the opportunity available locally. Write to them with proper acknowledgment, giving about 15 days' time. If no response is forthcoming, then we should take it up to appellate authorities and then to the court. Of course, it's time-consuming, but we can't help it; it's reality.