Reasons for not covering the Heritage International School by the ESI were sought - PIO: as per the Gazette Notification only schools located in Aligarh Municipal area are covered under ESIC & the School is outside the municipal area - CIC: matter closed
The appellant has sought the following information related to Heritage International School, Aligarh:-
1. Provide the list of ESIC members of the school for the year 2011, 2012 & 2013.
2. Provide the details of the month-wise amount deposited by the school in the year 2011, 2012 and 2013.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during the Hearing held on 30/10/2014: The following were present
Appellant: Mr. Bimal Khemani appellant’s representative through VC M: 9359724625
Respondent: Mr. Jagmohan Meena CPIO’s representative through VC M: 8126177888
The appellant’s representative stated that Heritage International School which has over 100 teachers is covered by the EPF but the respondent have informed that the establishment is outside the ESIC purview and he wants to know the reasons. He further stated that the ESIC has covered other establishments located nearby but is deliberately excluding Heritage International School thereby depriving its employees of ESIC benefits. The CPIO’s representative stated that as per the Gazette Notification only schools located in Aligarh Municipal area are covered under ESIC and Heritage International School is outside the municipal area and the FAA vide his order dated 17/09/2013 has clarified the position.
Interim Decision notice dated 30/10/2014: After hearing submissions of both the parties the matter is remanded to the FAA with directions that he should hear the appellant and also examine the documents available with him and thereafter submit a report to the Commission within 30 days from the date of receipt of this order. The FAA’s report should be sent by post and also by e-mail at email@example.com. The FAA is further directed to appear before the Commission for hearing through videoconferencing on 09/12/2014 at 3.00 PM. The mater is adjourned accordingly.
Relevant Facts emerging during the Hearing on 09/12/2014: The following were present
Appellant: Absent; Respondent: Mr. Jagmohan Meena CPIO’s representative through VC M: 8126177888
Ms. Saraswati Rawat, FAA’ representative through VC M: 08800340404;
Ms. Saraswati Rawat, FAA’s representative appeared before the Commission and stated that only those establishments which are located in implemented areas (declared in Gazette Notification) are covered by ESIC and Heritage International School, Aligarh is outside the implemented area. The CPIO’s representative, Aligarh stated that the appellant had submitted that certain establishments located near Heritage International School, Aligarh are covered by ESIC; he explained that it is so because these establishments were earlier located within the implemented area and later got re-located but continue to be covered under ESIC. The appellant is not present for canvassing his case/contesting the CPIO’s/FAA’s representative’s submissions.
From the CPIO’s/FAA’s representative’s submissions it is clear that Heritage International School, Aligarh is not covered by ESIC as it is located outside the implemented area. The matter is closed.
Citation: Mr. Satish Yadav v. ESIC in File No. CIC/BS/A/2013/002682/6529