Esi Applicability To Construction Employees - DOC Download

Hi all I am a Finance man form a reputed cont co. I have gone through all the answers and postings in this forum on the Issue of ESI applicability to construction workers.
My question is : Is ESI applicable for cont workers involved in new construction, in a compound where there is already a running unit is established?
Plesae let me know.
Mr. Kodandaramu
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DEAR ALL SENIORS
MY NAME IS RAMESH RECENTLY I COMPLETED MHRM IN GYTHRI VIDYA PARISDH AT VIZAG
I WANT KNEW THE SOME INFORMATION
IN NEWLY ESTABLISMENT HOW TO TAKE (P.F.code) What are the procedurs we have to follow
plase reply me
i am waiting for u r answare

Hi this is padma rao, working as a hr in a construction company in bangalore.
1.construction companies are excluded from the esic scheme since the risk factor is very high than other type of industries. As i am working for esic engaging in construction of esic model hospital and medical colleges all over india, we are also excluded from this scheme.
2. Coming to second question where we are not covered in this scheme we have to take insurance policy as a group for all contract labours which will be works under workmen compensation act, 1923.
Regards,
padma rao.k
senior executive hr
kanakadhara ventures pvt ltd
bangalore-10

Dear Padma Rao,
Though urs is a constructions agency, as per ESI provisions, Ur individual office is covered iff you are having 20 administrative and other clerical staff, including supervisors/engineers whose nature of job is in permanent in nature with reference to your estt.........
Only the persons who are working on the site will not come under purview of the ESI Act..........
If u r having 20 or more of ur permanent workers in your office.....and drawing less than wage ceiling better to apply of your office.........
With regards.......

Dear All
The civil construction industry is not falling under ESI Coverage. The Principal Contractor and Sub-contractors workmen all covered by the Principal employer's coverage and he has to comply with the provisions of ESI. Even if the contributions are paid, no benefit would be available as any accident taken place with regard to civil work is not under any manufacturing activity. In such a case, the cash benefit or compensatory benefit could not be extended. This issue could also be check with the local ESI Regional Office, where the compliance officer would guide you.
Thank you
PS: The present ESI Coverage limit is Rs.15000/-

Dear All,

I came across various old posts on ESI Applicability to construction Employees today itself. I thought of sharing the information I have with me on this subject.

I am attaching herewith a copy of letter dated 14.06.1999 by Shri. S.P.S. Khetal, Addl. Commissioner ( Revenue ), ESI Corporation, New Delhi addressed to ESI Regional Offices / Sub – Regional Offices, which is self explanatory on ESI coverage of Construction Industry.



Please be also noted that the judgment of the Supreme Court in C.E.S.C. Ltd. Vs. Subhash Chandra Bose & others (Civil Appeal Nos. 3197-98 of 1988) delivered on 15.11.1991 has discussed on the same issue in which two Supreme Court Judges had differed on the applicability of ESIS to employees of contractor and the third Judge, Chief Justice Ranganath Mistra, had asked parliament to resolve the conflict by an amendment to the Law. The above letter dated 14.06.1999 by Addl. Commissioner (Revenue) is subsequent to the Supreme Court Judgment.

Recently I heard there is a case law of Delhi Metro in which the ESI law is made applicable to Delhi Metro on the ground that the construction activity is done with the help of machinery. Recently I also heard that in case of Ready Mix Plant locate in Construction Site, the ESI Act is made applicable to the site. However, I could not confirm the above with details.

The senior members / senior consultants and law practitioners are requested to comment on this subject.

Thanks with regards.

Keshav Korgaonkar

Cell: +91 99675 16383 / 98201 16383

I am Anbu Loganathan working as HR Manager in a Construction Company. The notification issued 10 years before still valied. I got a letter confirming this from the ESI Regional Commissioner recently. If you need a copy of the letter communicate your mail ID.
Anbu Loganathan
Manager HR
99623 91925

Dear Anbu,
It is suggested that if you have any letter or any document which can be helpful to our colleagues, please communicate the same thru' this forum and share with them.
Thanks with regards.
Keshav Korgaonkar
99675 16383 / 98201 16383

Dear all,
As per my knowledge is concern that recovery of ESIC contribution from DMRC is on the basis of jobwork bill instead of recovery on the basis of salary & wages.
thanks & Regards,
From,
Sumit Kumar Saxena,
+91-9899669071

DEAR ALL,
PLS BE INFORMED THAT ESI ACT IS NOT APPLICABLE FOR CONSTRUCTION INDUSTRY (ONLY SITES) AS THE LABOUR OR NOT STATIONARY.
REFER PG NO. 4 OF THE FOLLOWING LINK
http://esic.nic.in/CIRCULARS/standardnote010111230911.pdf