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Case for ESIC benefits to employees filed by ESIC inspector
10-Apr-2023 (In Civil Law)
I have beauty salon with employee strength of 6 to 7 persons. ESIC inspector visited and asked to register for compliance. I said that we were not eligible so please excuse us. He then went into scrutiny of all documents and found that in one particular month there was 9 employees shown in the attendance register, which was due transition/ change in staff. He has now filed a case stating that we had 11 employees, ie., 9 employees and 2 directors.. he has now sent a summon for RS 266000.00 for payment of dues with arrears since May 2013. Please advice ...
MY OPINION THAT i have follow your matter, & i come to know that actually you have strength of 6 to 7 employees in regular basis in your said Salon, and the no 9 which the inspector has find at one particular month, which has no basic evidence to sue,so you have so many counter legal actions to resist.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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ESI is applicable in cases where there are 10 or more person are engaged. I don't think it's a fit case for ESI, if you have documents to prove that the inspector tampered the records and given a misleading statements. You should contest the same.
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Adv. Soumava Mukherjee
Kolkata | 25+ Answers
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My opinion is to contest the Case by showing your entire documents. I think you are in great troubles. so take proper advise of your Ld. Lawyer who conduct your Case. I do not know whether you have trade licence or not and in what category, which will show you exact way for defend this particular Case.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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