Esic for unaided school teacher
satya
(Querist) 17 February 2014
This query is : Resolved
dear sir!
kya ESIC ka benefit private unaided school k teacher ko milta hai?
agar koi school iska benefit na de rha ho to uski complain kha kar sakte hain?
thank you sir
Kumar Doab
(Expert) 17 February 2014
You may go thru the publication at:
"Enrol staff under ESI, schools told"
Monday 17 February 2014
http://www.deccanherald.com/content/194163/enrol-staff-esi-schools-told.html
In March this year, the State Government passed an order directing schools - whether public, private, aided, partially aided or unaided - with a staff strength of 10 or more, to enrol their staff into the ESI scheme.
Under the scheme, the staff would contribute 1.75 per cent of their salaries, while the managements have to put their share of 4.75 per cent.
Check with nearest ESIC office and approach
the employees UniOns, Trade Unions too.
Dr J C Vashista
(Expert) 18 February 2014
Generally ESIC covers workmen engaged in the state. As the State government contribute a share (besides emploee and employer), please check whether teachers are covered, I have my doubt.
Kumar Doab
(Expert) 18 February 2014
Although there are some issues with infrastructure etc NO private Mediclaim policy can match benefits offered by ESIC.
It shall be worth it to fight for coverage.
Under Section 1(5) of the ESI Act ………………………..also empowered the appropriate Government to notify the other establishments such as industrial, commercial, agricultural or otherwise…………………..
There are very illustrious judgments delivered by courts of law which may be relevant e.g :
>>> Madras High Court
Maharaja College Of Arts And ... vs The State Of Tamil Nadu on 14 March, 2011
http://indiankanoon.org/doc/1021462/?type=print
3.The State Government by the exercise of its power under Section 1(5) of the ESI Act had issued a preliminary notification by G.O.No.58, Labour and Employment Department, dated 15.4.2005 notifying the educational institutions, excluding the Government and Government Aided institutions, run by various types of bodies and individuals employing more than 20 to be brought within the purview of Section 1(3) of the ESI Act.
18. The term "employee" is defined under Section 2(9) of the ESI Act and it does not exclude any person and couched in a general term.
53::: 9. It must be remembered that the Act has been enacted for the benefit of the workers to give them medical benefits, which have been mentioned in Section 46 of the Act. Hence the principal beneficiary of the Act is the workmen and not ESI Corporation. ESI Corporation is only the agency to implement and carry out the object of the Act and it has nothing to lose if the decision of the Employees Insurance Court is given in favour of the employer.
>>> Kerala High Court
Kerala Cbse School Management'S vs State Of Kerala Represented By on 3 July, 2009
http://indiankanoon.org/doc/1524893/?type=print
8. In the said authorities, it has been held that educational institution can be brought under the umbrella of the Act. Moreover, the Act is beneficial legislation and in case of any ambiguity it requires to be interpreted in favour of those, who are to be benefitted by the application of the Act.
19 -
We are of the opinion that the view taken by the Allahabad High Court regarding the extension of the provisions of the ESI Act to educational institutions and the interpretation given to the words "or otherwise" by the Bombay High Court lay down the correct legal position.
17. We hold that the notification under Section 1(5) of the ESI Act can cover an educational institution for two reasons:- Our first reason is that, the educational institutions like schools are industrial establishments
Rajendra K Goyal
(Expert) 18 February 2014
Well advised by the expert Kumar Doab ji, agree to it.
Kumar Doab
(Expert) 19 February 2014
Other threads by the querist:
http://www.lawyersclubindia.com/experts/About-esic-454711.asp#.UwRuwUeBmXU
http://www.lawyersclubindia.com/experts/About-epf-scheem-454706.asp#.UwRvfUeBmXU
The lawful authorities can be approached:
---PF: RPFC in nearest PF office.
---ESIC: Jurisdictional ESIC office.
---Wages: Inspector designate under Payment of Wages Act
---Leave Policy: O/o Labor Commissioner, Inspector designate under (Name of your state) Shops and Commercial Establishments Act
---The authority in Board with which School is affiliated e.g. CBSE
Central Board of Secondary Education
AFFILIATION BYE-LAWS:
http://cbse.nic.in/affili~1/aff.pdf
10. Staff and Service Conditions: 1. Besides the minimum requirements for salaries as laid down in Section 3(3),.................
4. The school should have Contributory Provident Fund and Gratuity or Pension, Gratuity and
General Provident Fund as retirement benefits..............
---Some Schools have framed their service rules too in compliance with guidelines of the board and have to follow these e.g;
The Orchid School Service Rules
http://www.theorchidschool.org/tos-team/service-rules.html
---New service rules for teachers
Mrityunjay Ram, TNN May 18, 2005, 01.49am IST
http://articles.timesofindia.indiatimes.com/2005-05-18/hyderabad/27866767_1_school-assistants-teacher-unions-service-rules
---Requirement of payment of salary to employees and teachers at same scales as in Government for equivalent categories .......................
AGAINST THE ORDER IN WPC. NO.32928/2011 DATED 20.04.2012
Dated this the 14th day of September, 2012.
State of Kerala Vs. Mythri Vidya Bhavan English Medium School, 2013 (1) KLT SN 36 (C.No.36) : 2012 (4) KLJ 402 : ILR 2012 (4) Ker. 387 : 2012 (4) KHC 321
(2012) 270 KLR 491
IN THE HIGH COURT OF KERALA AT ERNAKULAM
http://www.lawker.in/2012/09/state-of-kerala-vs-mythri-vidya-bhavan.html#.UhCFvdKAqWM
---Look into the School Education Act of the state e.g;
THE DELHI SCHOOL EDUCATION ACT, 1973
http://www.edudel.nic.in/welcome_folder/DSSR.htm
APPROACH TEACHERS ASSOCIATIONS AND THEY SHALL TAKE UP THE MATTER.
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
