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esi


Whether ESI is applicable on retainership contract.

 
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FIN

What is issued to said Retainer; Contract of service or Contract for service?

What is narrated in IT about say; ESIC, Gratuity etc ?

If you wish attach the documents.

Erase all names etc to maintain the confidentiality.

 
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FIN

 

THE EMPLOYEES’ STATE INSURANCE ACT; 2(9) (13)

Kerala High Court

M/S.Bharat Petroleum ... vs The Regional Director on 21 February, 2011

      

 

 

 

 

 

 

 

  IN THE HIGH COURT OF KERALA AT ERNAKULAM

 

Ins.APP.No. 37 of 2009()

The substantial questions of law formulated in the appeal are as follows:

 

"i) Whether the Employees' Insurance Court was legally correct in upholding the demand for contribution for the payments made in connection with the guest house situated 3000 kms. away from the factory when the appellant's establishment is a factory and was coverable under Section 1(4) of the ESI Act?

ii) Whether the caretakers can be considered as employees of the appellant and the relationship between the parties is contract for service and not contract of service?

iii) Whether the guest house caretakers can be considered as employees of the appellant in the absence of supervision or control by the appellant or its agent or officers over them?

6… The caretakers are self-employed persons. Ext.P4 contract is made for the purpose of carrying out certain works of the applicant. It may not be proper to treat Ext.P4 as an appointment order. By no stretch of imagination, a contractor, who had agreed to maintain the guest house, cannot be termed as an employee of the applicant-Company. The evidence in this case indicates that the contractors are given monthly consolidated amount called 'retainer charges'

 

 

 

 

 

 

 

 

 

 

 
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FIN

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

 
Reply   
 

Thanks for the quick respone.

As desired by you, please find attached file regarding contents of the retainership contract.

 



Attached File : 243306 20181222153354 668099859 terms and conditions of retainership contract.doc downloaded 80 times
 
Reply   
 
FIN

communique at c,d suggests NO employer-employee relationship.

 
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That means there is no liability of ESI on retainer fee.
 
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