Dear All,
Our company is dealing in trading of pharmaceuticals products. its registered office as per companies act, 1956 is at Ahmedabad (HO)but office registered as per drugs authority is at Aslali (Ware-House) which Non-ESIC zone i.e. ESIC has not been implemented in Aslali Area.
So whether company can take a stand that office registered as per drugs authority is at Aslali (Non-ESIC Area) so as to avoid ESIC applicability.
Regards,
Vishwang Jadeja
From India, Ahmedabad
Our company is dealing in trading of pharmaceuticals products. its registered office as per companies act, 1956 is at Ahmedabad (HO)but office registered as per drugs authority is at Aslali (Ware-House) which Non-ESIC zone i.e. ESIC has not been implemented in Aslali Area.
So whether company can take a stand that office registered as per drugs authority is at Aslali (Non-ESIC Area) so as to avoid ESIC applicability.
Regards,
Vishwang Jadeja
From India, Ahmedabad
Dear Vishwqang ji, If your HO at Ahmedabad and any other place in ESI implemented area having 10 and more employees altogether, you need to register your establishment under ESI.
From India, Mumbai
2556From India, Mumbai
Dear Korgaonkar ji,
We are already registered with the ESIC department.
But the question is we are having more than 1500 employee strength (150 HO staff and others are medical representatives all over india on our payroll). so can we claim that our office as per drugs act is registered at Aslali which Non-ESIC zone and hence we are not liable to pay any ESIC.
if we can not claim then can you please provide the reference why we can't claim.
Regards,
Vishwang Jadeja
From India, Ahmedabad
We are already registered with the ESIC department.
But the question is we are having more than 1500 employee strength (150 HO staff and others are medical representatives all over india on our payroll). so can we claim that our office as per drugs act is registered at Aslali which Non-ESIC zone and hence we are not liable to pay any ESIC.
if we can not claim then can you please provide the reference why we can't claim.
Regards,
Vishwang Jadeja
From India, Ahmedabad
Dear Vishwqang ji,
Your HO is an establishment employing 150 and plus employees. Therefore, ESI is applicable to your HO. The Act does apply to employees working in your other establishments / branches / departments since such employees are doing the work connected with your HO or your business.
Please read the definition of "employee" with substitution by Act 44 of 1966. Also see ACC Vs Regional Director, ESIC, Mumbai 1981 Lab IC 1409.
Only the employees working in non-implemented area will be excluded from coverage.
You can not take a stand that your office as per Drugs Act is registered in non-implemented area therefore the Act is not applicable to you.
From India, Mumbai
Your HO is an establishment employing 150 and plus employees. Therefore, ESI is applicable to your HO. The Act does apply to employees working in your other establishments / branches / departments since such employees are doing the work connected with your HO or your business.
Please read the definition of "employee" with substitution by Act 44 of 1966. Also see ACC Vs Regional Director, ESIC, Mumbai 1981 Lab IC 1409.
Only the employees working in non-implemented area will be excluded from coverage.
You can not take a stand that your office as per Drugs Act is registered in non-implemented area therefore the Act is not applicable to you.
From India, Mumbai
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