Dear Sid,
The difference you gave me is informative for freshers and students and not experienced professional. I should not have replied to you the way I did because you are still in the theoritical state and not very clear about the applicability. Do you ever contribute to/ put your comments and suggestions to the various Labour Laws Review Board set up by the Government? I think you do not. You are still into reading the Statutes not the Law Commissions report or Parliament Speeches.
Anyway, I will try to differentiate between ESI and WC.
WC was enacted by the British keeping in view of ILO movement which was going on around the world, to build up an international progressive image after the World War I, US, Britain and other countries started the ILO movement. In 1923, the British Government enacted the Law to show their intent and sincerity regarding the movement.
The ESI, was entacted with a view to provide not only Insurance Coverage but also treatment. The Act shows the transition from a colonial government whose intention was to be just humane in the international arena to a sovereign government who cared about her people. The Government of India, with a view towards socialist economy introduced this legislation which not ony give compensation on death and disablement but also provide treatment to the worker and his/her dependants at a very very nominal cost through a comprehensive insurance policy where both the employee and employer and Government contributed. The setting up the ESIC was actually a fulfilliment of one of the socialist commitment of our Government.
The covering of the whole of India and administering the whole scheme at one go was virtually impossible at that time keeping in mind of our economy and administration. The Government decided to go along with the Coverage of ESI in a phase wise manner. If you look at the Act it says it extends to whole of India.
Actually, the main aim of ESI is not compensation but both Compensation and treatment. So, building up of Treatment facilities (Infrastructure) is reason of ESI not getting full coverage. The logic is simple, you cannot make someone pay in full and provide part services. Hence, in places where the ESIC had not been able to provide Treatment facilities, it has kept the coverage out.
The other concept which is very important here is that no section debars the payment of WC, in addition to ESI. What it debars is that an employee cannot claim benefit under both legislature OR the other way round an employer cannot be forced to pay benefits under both acts. It is a protection given to the Employers, so, SID if your imaginary company pays both ESI and WC together to the imaginary deceased employee VOLUNTARILY, there is no bar (Remember the basic concept you cannot debar anyone from given more benefits, doing more welfare or providing better security to the working classes in and above the statute. You cannot pay less), but the Imaginary dependants of the imaginary decease employee of your Imaginary Comany cannot claim benefits under both acts.
The last thing I would like to state, is that you have never ever faced a death/disablement case in your service life.
If you want to clear your ideas simple ask? Please dont set up an imaginary situation and make a mockery of yourself.
As for the Maternity Benefit Act, you need not be naughty to gain knowledge. The Maternity Benefit Act was the result of one of the series of legislation enacted by Indian Government as a part of her commitment as ILO founder member to the plight of Women Workers in work place. The whole idea was to give equal opportunity and protect the women from exploitation in work place. Previously, during pregnancy, either the women workers were sacked or forced to work during the advanced stages which resulted in increased death, infant motality and unhealthy babies. This resulted for either hard work the mother had to do at her place of work or due to undernourshment for the loss of job. Hence, the objective of the Act was to protect the woman and her child and not to uphold social morality.
Regards,
SC
From India, Thane
45The difference you gave me is informative for freshers and students and not experienced professional. I should not have replied to you the way I did because you are still in the theoritical state and not very clear about the applicability. Do you ever contribute to/ put your comments and suggestions to the various Labour Laws Review Board set up by the Government? I think you do not. You are still into reading the Statutes not the Law Commissions report or Parliament Speeches.
Anyway, I will try to differentiate between ESI and WC.
WC was enacted by the British keeping in view of ILO movement which was going on around the world, to build up an international progressive image after the World War I, US, Britain and other countries started the ILO movement. In 1923, the British Government enacted the Law to show their intent and sincerity regarding the movement.
The ESI, was entacted with a view to provide not only Insurance Coverage but also treatment. The Act shows the transition from a colonial government whose intention was to be just humane in the international arena to a sovereign government who cared about her people. The Government of India, with a view towards socialist economy introduced this legislation which not ony give compensation on death and disablement but also provide treatment to the worker and his/her dependants at a very very nominal cost through a comprehensive insurance policy where both the employee and employer and Government contributed. The setting up the ESIC was actually a fulfilliment of one of the socialist commitment of our Government.
The covering of the whole of India and administering the whole scheme at one go was virtually impossible at that time keeping in mind of our economy and administration. The Government decided to go along with the Coverage of ESI in a phase wise manner. If you look at the Act it says it extends to whole of India.
Actually, the main aim of ESI is not compensation but both Compensation and treatment. So, building up of Treatment facilities (Infrastructure) is reason of ESI not getting full coverage. The logic is simple, you cannot make someone pay in full and provide part services. Hence, in places where the ESIC had not been able to provide Treatment facilities, it has kept the coverage out.
The other concept which is very important here is that no section debars the payment of WC, in addition to ESI. What it debars is that an employee cannot claim benefit under both legislature OR the other way round an employer cannot be forced to pay benefits under both acts. It is a protection given to the Employers, so, SID if your imaginary company pays both ESI and WC together to the imaginary deceased employee VOLUNTARILY, there is no bar (Remember the basic concept you cannot debar anyone from given more benefits, doing more welfare or providing better security to the working classes in and above the statute. You cannot pay less), but the Imaginary dependants of the imaginary decease employee of your Imaginary Comany cannot claim benefits under both acts.
The last thing I would like to state, is that you have never ever faced a death/disablement case in your service life.
If you want to clear your ideas simple ask? Please dont set up an imaginary situation and make a mockery of yourself.
As for the Maternity Benefit Act, you need not be naughty to gain knowledge. The Maternity Benefit Act was the result of one of the series of legislation enacted by Indian Government as a part of her commitment as ILO founder member to the plight of Women Workers in work place. The whole idea was to give equal opportunity and protect the women from exploitation in work place. Previously, during pregnancy, either the women workers were sacked or forced to work during the advanced stages which resulted in increased death, infant motality and unhealthy babies. This resulted for either hard work the mother had to do at her place of work or due to undernourshment for the loss of job. Hence, the objective of the Act was to protect the woman and her child and not to uphold social morality.
Regards,
SC
From India, Thane
Dear Swastik,
Your views on basic difference on ESI & WC are 100% correct and full of objects and reasons behind these two enactments.
My sincere request to you is not to give unsolicited beneficial knowledge which exhibit deep study and exposure of subject. Good piece of writing.
One should not provide any knowledge to those who do not have the courtesy to respect the same.
regards,
Anil Kaushik
Chief Editor
'Business Manager'
Smriti Sadan, 28 Raghu Marg, Alwar (Raj.) 301001
Ph.: 144-2330997 Mob.: 09829133699
From India, Delhi
Your views on basic difference on ESI & WC are 100% correct and full of objects and reasons behind these two enactments.
My sincere request to you is not to give unsolicited beneficial knowledge which exhibit deep study and exposure of subject. Good piece of writing.
One should not provide any knowledge to those who do not have the courtesy to respect the same.
regards,
Anil Kaushik
Chief Editor
'Business Manager'
Smriti Sadan, 28 Raghu Marg, Alwar (Raj.) 301001
Ph.: 144-2330997 Mob.: 09829133699
From India, Delhi
Dear SC,
I think u r still in confusion. wat u written, the same thing i have written. You may hav bookish knowlege more than practical one. as per my knowlege and exp is concerned, i given enough despite if u have any doubt, u may spk directly on telephone to me. I know all hooks and crooks. For your info, i handling cases too.
Regards
Sidhehswar
From India, Bangalore
I think u r still in confusion. wat u written, the same thing i have written. You may hav bookish knowlege more than practical one. as per my knowlege and exp is concerned, i given enough despite if u have any doubt, u may spk directly on telephone to me. I know all hooks and crooks. For your info, i handling cases too.
Regards
Sidhehswar
From India, Bangalore
Dear SC, You are still into reading the Statutes not the Law Commissions report or Parliament Speeches===> files enclosed for ur info. if u hav more reports, enclose here. Regards Sidhehswar
From India, Bangalore
From India, Bangalore
Dear SC
The last thing I would like to state, is that you have never ever faced a death/disablement case in your service life.
If you want to clear your ideas simple ask? Please dont set up an imaginary situation and make a mockery of yourself. a file of death case enclosed to decide MOCKERY. WHO?????/
Regards
Sidheshwar
From India, Bangalore
The last thing I would like to state, is that you have never ever faced a death/disablement case in your service life.
If you want to clear your ideas simple ask? Please dont set up an imaginary situation and make a mockery of yourself. a file of death case enclosed to decide MOCKERY. WHO?????/
Regards
Sidheshwar
From India, Bangalore
Can any body tell me if i take a one person for construction work in a company premises and he met an accident what is the effect of esi
From India, Pune
From India, Pune
Very Good Question, unfortunately the discussion shifted to nowhere.Let us restart the discussion.A question,A firm is registered and operating in non ESI area. But at the time of accident out of deployment the person found to have engaged in ESI notified area. Whether the dependent of the person can claim to ESI?
From India, Calcutta
From India, Calcutta
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ESI Amendment Act 2010-Gazette Notification-01 -06-10.pdf
FORMS under the ESI Act.doc