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📩 info@eaccountaxmanager.in  📞 7426858888

Employees Insurance Court & ESI Act Disputes

Employees Insurance Court & ESI Act Disputes

Any dispute related to the ESI Act will be handled by the Employees Insurance Court, not a Civil Court. This special court is set up by the State Government for specific areas and includes judges appointed as per the government’s discretion.
It shall resolve the following disputes and claims.

Disputes as to:

  • Whether an employee falls under the coverage of the Act or is required to pay the contribution,
    or
  • The wage rate or the average daily earnings of an employee.
  • The contribution rate that the employer must pay for any employee.
  • The individual who is or was the principal employer for a specific employee.
  • The right to any benefit and the amount and duration thereof, or
  • Any directive given by the Corporation upon reviewing a dependent’s benefit payment,
  • Any other issue related to a contribution, benefit, or any other amount payable or recoverable under the Act.

Claims as to

  • Recovery of contributions from the principal employer,
  • Recovery of contributions from a contractor,
  • Recovery for any short payment or non-payment of contributions under Section 68
  • Recovery of the value or amount of benefits wrongfully received under Section 70
  • Recovery of any benefit eligible under the Act
    No dispute shall be admitted unless the employer deposits with the Court 50% of the amount due from him as claimed by the Corporation.

An appeal can be filed with the High Court within 60 days against an order of the Employees’ Insurance Court if it raises a significant question of law.

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Important Forms to be submitted under the Act

Form 01: Employers’ Registration Form

Form 01(A): Form of Annual Information on Factory/Establishment

Form 1: Declaration Form

Form 1A: Family Declaration Form

Form 1B: Changes in Family Declaration Form

Form 3: Return of Declaration Forms

Form 4: Identity Card

Form 4(A): Family Identity Card

Form 5: Return of Contributions

Form 6: Register of employees

Form 8: Special Intermediate Certificate

Form 10:

  • Abstention verification in r/o Sickness
  • Benefit/Temporary Disablement Benefit/MB
    Form 12 Sickness of Temporary Disablement Benefit

Form 12A: Maternity Benefit for Sickness

Form 13: Sickness, temporary disablement, or maternity benefit related to sickness

Form 13A: Maternity benefit for sickness

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Form 14: Sickness, temporary disablement, or maternity benefit related to sickness

Form 14A: Maternity Benefit for Sickness

Form 16: Accident report from employer

Form 17: Dependant’s or funeral benefit (Death Certificate)

Form 18: Dependant’s Benefit (Claim Form)

Form 18A: Dependant’s Benefit (Claim for periodical payments)

Form 19: Maternity Benefit (Notice of Pregnancy)

Form 20: Maternity Benefit (Certificate of Pregnancy)

Form 21: Maternity Benefit (Certificate of expected confinement)

Form 22: Claim for Maternity Benefit

Form 23: Maternity Benefit (Certificate of confinement or miscarriage)

Form 24: Maternity Benefit (Notice of work)

Form 25: Claim for Permanent Disablement Benefit

Form 26: Certificate for permanent disablement benefit

Form 27: Declaration and certificate for dependents’ benefit

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CA Chetan Agarwal

CA Chetan Agarwal

CA Chetan Agarwal, a Chartered Accountant, is an experienced Labour Law Advisor with a deep understanding of India’s complex labour regulations.