[Resolved]  ESIC — Benefits Under Rajiv Gandhi Shramik Kalyan Yojna

To,
The Branch Manager,
ESIC-Branch Office
Sarda Bhawan, Buty Plot,Near Rajapeth bPost Office.
Amravati-444601.

Applicant: - Sabir A. Khan
C/o, G.A. Khan, Behind Sankalp Colony,Ankayya Pura,Camp
Amravati-444602.
Email: [protected]@rediffmail.com, [protected]@yahoo.com
Mob No.: [protected]

Subject: - Reminder: Benefits Under “Rajive Gandhi Shramik Kalyan Yojna”.


Respected Sir,
For the above-mentioned subject kindly refer my Application (dated: 25-july-2009), now it is almost more than one & half year passed still my application for the benefits under the said scheme is pending. To get benefits under the said scheme actually I am visiting the local Branch office-ESIC prior to submission of written application. But the then Branch Manager-ESIC-Amravati, shows his evasive attitude and not-cooperated with me in this matter and keeps all the details in hidden about the said scheme.

In response to my written application, the then B.M.-ESIC-Amravati informed me that the concerned Employer i.e. m-DR Services India P.Ltd. (formerly known as Ucom Technologies P.Ltd) didn’t submitted the details of Return Contribution (R.C.) for period from 31/03/2004 to 31/03/2009.And also asked me to furnish other formalities on my part, the same have been already furnished by me at that time.
Now it is learnt that my right to get benefits are only denied because the Employer didn’t submitted the so-called Return Contribution for the said period. If the Employer didn’t submitted the R.C. for such a long period then it is the responsibility of ESIC to ask for the same from concerned employer at that time only and also to inform me at that time. As per my record since the registration with ESIC, each month contribution amount (1.75% from my side and 4.75% from employer side) i.e. 6.5% of total (Gross) wages is deposited in ESIC Fund Account No:01 through Challan.SBI Bank by concerned Employer.

Also it has been asked by ESIC to me that I have to collect the information like whether the employer deposited the contribution amount or not and where the same has been deposited? Whether the Employer deposited the Contribution amount or not and where the same has been deposited is not matter concerned with me. It’s the responsibility ESIC to keep and find the details about payment of contribution from Employer-code assigned to Employer by ESIC.

For the above-mentioned matter related with the submission of Return Contribution and payment of Contribution amount by concerned employer .It is the responsibility of ESIC at that time only to take the matter with Employer. Why the ESIC fails to take the matter with Employer at that time only? And now denying my right on the pretext that employer has not submitted RC details with your office. The documents which I produced as proof & evidences to support my claim clearly shows that the Contribution amount is regularly deducted from my salary and same has been deposited with ESIC, and now there is no meaning to such type of question raised by ESIC.

For getting information regarding my claim, when I files Application (dated: 27/10/2009) & its Appeal (24/12/2009) under RTI Act-2005, the information that I seeks are denied by providing insufficient/unsatisfactory reply by both the then CPIO/B.M. (dated: 23/11/2009,Sr.No: 23/[protected]/AM/09) and by Appellate Authority {[22/01/2010,Sr.No: 23-Z-14/1/RTI (49)/Estt/10]}. Also the information, which is provided is misguiding one and reply also not up to the points raised by me.

On the one hand the ESIC collected the Contribution amount from our side regularly and when we seek benefits against the said contribution, the same has been denied on the pretext of one or another reason for which ESIC is fully responsible. This only shows the Evasive attitude of ESIC for which the insured members are suffering.

I once again appeals to kindly look into the matter and avail me the benefits under the Rajive Gandhi Shramik Kalayan Yojna. Failing Which I shall be constrained to take recourse of legal Process in Court of Law here at Amravati. In that event you (ESIC) shall be responsible for the cost & Consequences thereof.


Date: 21/01/2011. Thank’s & Regards:
Place: Amravati.

(Sabir A. Khan)


C.C.to:
1) Dy.Director-Sub Regional Office
Employee State Insurance Corporation, “Panchdeep Bhawan”,Ganesh Peth.
Nagpur-440018.


2) Regional Director ESIC
ESI Corporation,Regional Office,
N.M. Joshi Marg,Lower parel
MUMBAI-440013.

3) Commissioner, ESI Scheme, Government of Maharashtra
Public Health Department, Mantralaya MUMBAI.


4) CHAIRMAN, Union Labour Minister, Govt. of India, Ministry of Labour
Shram Shakti Bhawan, NEW DELHI –110 001.