ESI to Educational Institutions
Ramesh
(Querist) 05 September 2009
This query is : Resolved
Dear sir,
I represent Andhra Pradesh Unaided Pvt. Schools Managements Association
We are already paying EPF to our staff.
Recently AP Govt had made ESI mandatory for unaided schools & colleges.
Please let me know the states where EPF is applicable for unaided schools & colleges
Also please let me know whether there is any possibility of challenging this GO in Supreme court as our staff are not accepting to pay ESI
You may visit www.appusma.org for further details of our association
regards
RAMESH
Raj Kumar Makkad
(Expert) 05 September 2009
Dear Ramesh! Employees Provident Fund & Misc. Provisions Act, 1952 is applicable to all the institutions where 20 or more persons are employed untill and unless it is an exempted industry means where provident, pension facility is either available better or at least at par with the provisions of Central Act. Unaided Education Institutions of Haryana had filed a writ petition before Hon'ble Supreme court of India wherein it was decided that all unaided education institutions of India shall be covered with retrospective effect from 8/82 and since then this act is applicable in whole unaided institutions of India, however, in some states the GPF accounts are being maintained in banks under supervision of DEO but EPF & MP Act is taking place in those states also. So there is no benefit to chellenge GO before any court and it is better for unaided institutions of AP to follow the ac in its right spirit. It is fully in favour of employee as well as employer.
Ramesh
(Querist) 05 September 2009
Dear Raj,
Thanks for your reply.
We are already paying EPF.
Our problem is with ESI.
Please let me know the states where unaided schools are paying ESI.
Can we challenge this GO of ESI?
regards
RAMESH
Manish Singh
(Expert) 12 September 2009
Dear Mr. Ramesh,
since ESI is a beneficial legislation, extension of the same is always taken in favour of society and thus its a least possibility that the court shall enetrtain the same.
but if your employees (who are going to be covered) are not in favour of registring with the ESIC and where they are having better facilities than ESIC,then you all can apply for exempion under the ACt and the same thus shall not be applicable to you.riven
