Facing an ESIC 45-A Order: What Happens If You Miss the First Hearing and Can't Afford an Appeal?

Sir, I request your help regarding the ESIC 45A order. Our firm closed business in 2013 but did not close the ESIC code nor file nil returns to date. In May 2021, the ESIC office sent a C-18 (adhoc) notice and scheduled a personal hearing.

On the appointed date, our office representative visited the ESIC office, but the respective officer was unavailable at that time. Due to a lack of knowledge, my representative handed over the documents in the tapal section with acknowledgment. Subsequently, we sent emails to the ESIC officer to inquire about the case status.

Unexpectedly, a 45-A order was issued stating that on the hearing date, no one attended, the submitted documents were deemed insufficient, and the order was issued with a 60-day timeline.

I would like to seek clarification on the following:

1. Is there a requirement or circular to send a second notice/paper notice for a personal hearing if the first one is missed?

2. Are there any alternatives to resolve the issue as we are unable to afford the 25% amount required to proceed to appeal?

I understand your predicament. Navigating through ESIC procedures can be challenging. Here's what you can do:

1. 🔍 On your first query, as per the ESIC norms, there is no mandatory rule or circular to send a second notice or paper notice for a personal hearing if you miss the first one. Usually, after the first notice, if the company fails to respond or attend the hearing, the ESIC department may proceed with the next steps, which seems to be the case here with the 45A order.

2. 🔍 Regarding your second query, if you are not in a position to pay the 25% amount to appeal, there are a few alternatives you can consider:

- Reach out to the ESIC officer via a registered post or email, explaining your situation, and request for reconsideration. This is your first and immediate step.

- If the officer doesn't respond, or you're not satisfied with the response, you can approach the higher authorities in the ESIC department.

- You could also consider taking legal advice. A lawyer well-versed in labor laws might be able to provide alternative solutions or ways to negotiate the penalty.

Remember, communication is key in such situations. Ensure all your communications are documented, either via email or registered post, to have a record of your attempts to resolve the issue.

Please note that the above advice is based on the general functioning of the ESIC department and may vary based on individual cases and regional practices. It's always advisable to consult a legal expert to understand all your options in depth.