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IF AN ESTABLISHMENT ENGAGING 10 OR MORE EMPLOYEES DRAWING MORE THAN 15,000 SALARY PER MONTH WHETHER ESI ACT IS APPLICABLE TO SUCH ESTABLISHMENT, IF SO IS ANY CASE CITATIOM . PLS PROVIDE
From India, Margão
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as such their is no case but it it the act of ESIC act 1948 regds srihari
From India, Hyderabad
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The example shown by the member in the above comments indicates that the factory/establishment is coverable under the provisions of the ESI Act. However, there is no employee who can be covered since all are reported to be receiving wages higher than the coverable wage limit.

Although such situations may be rare, in my opinion, the principal employer of such a factory/establishment should obtain a code number from ESIC. The said employer can, however, submit a "NIL" return of Contribution at the close of the contribution period. The coverage of any unit under the ESI Act and the coverage of an employee of said unit are two separate aspects.

With kind regards;

From India, Noida
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Thank you, Mr. ShriHari and Harsh Kumar. What you suggested is, to some extent, acceptable; however, I have a concrete case where an establishment has more than 10 employees, but all of them are drawing salaries higher than the limit for ESI Act coverage. I need a case citation where it is mentioned that all employees, regardless of the ESI coverage limit, need to obtain an ESI Code No.
From India, Margão
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We can't find such a case because if the employees are fewer than 10 or, let's say, 15, companies are not opting for ESI. They may choose other medical policies or decide not to disclose the departments due to the small size of their unit or other reasons. Therefore, we find fewer cases in such instances.

Regards,
Srihari

From India, Hyderabad
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