Workmen compensation
AMIT KUMAR SHARMA
(Querist) 29 November 2012
This query is : Resolved
Dear Sir,
A lady who was working for last three years in a manufacturing company. She has been injured at the time of work in the company and she is covered in ESIC. HR department is saying that she is working for last 6 months only and she has temporary ESIC card. After lot of affords she has been admitted in the ESIC Hospital and thereafter has been referred to AIMS. Now she is not completely OK and their company has withdrawn their name from the list of contribution employee.
please let me know, what action can be made on company so that she got compensation since she has injury in their back born which can be considered as partial disability.
She has only photocopy of certificate issued by the company to ESIC that this employee is covered under the ESIC by the Company. No she has other proof to be a employee of the Company.
Please help since she is very poor.
THANKS,
AMIT SHARMA
Raj Kumar Makkad
(Expert) 29 November 2012
In the given case, make a representation to the ESIC authorities who shall make an enquiry and shall initiate strong action against the employer. Photocopy of the letter written by employer to ESIC authorities can be got verified from ESIC office and this shall be a vital evidence of the employment of that lady.
AMIT KUMAR SHARMA
(Querist) 30 November 2012
Dear Sir,
Thank u for reply. Please help for further query.
Can you provide me detail that how can I complaint to ESIC and what documents has to be provided to ESIC authorities. She is living in Ghaziabad and working was in Noida.
Further, If she go to Labour Commissioner in NOIDA office, can problem be solved.
please reply early.
Thanks
amit sharma
J K Agrawal
(Expert) 30 November 2012
She can go to Workman compensation commissioner. The only exception is that she should not be insured under ESIC, (Section 53 of ESIAct imposes such restriction.)
So if ESIC in not entertaining, the Commissioner WC will be having jurisdiction.
Raj Kumar Makkad
(Expert) 01 December 2012
Amit! You have to make representation to ESIC authorities in simple language annexing the documents of your service and acknowledgment of deduction of your contribution of ESI.
