Dear Ravi
Sub- Coverage of ESI
The issue needs to be approached as under.
The ESI Act in the first instance is applicable on it's own to all factories employing ten or more employees. If an establishment is not a factory, then it can be covered only by a notification issued by the appropriate government namely either central or state government.
I understand that your's is an I.T company. The status of I.T company as a factory is still in dispute. Thus your company falls under the category of establishment other than a factory. In that event, you will stand covered by ESI only if there is a notification to that effect issued by the appropriate government for your establishment.
If NOIDA is located in the National Capital Region(NCR) of Delhi, then Central Goverenment is the appropriate goverenment as per the notification provided by DrKumar who deserves to be thanked for it.
As per the said notification, ESI covers 'Shops' employing ten employees. Going by the plethora of legal decisions, an I.T company qualifies within the meaning of 'Shop'.
If NOIDA does not fall under NCR but under any State, then you have to refer to the notification of the state in which your company is located.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234