Employees state insurance act
Rohan Pradhan
(Querist) 23 October 2012
This query is : Resolved
Please verify the below statement:
1) The applicability of ESI is extended to the establishment employing 10 or more persons.
2) Drawing wages upto Rs 15000 pm engaged either directly or through contractor.
Please mention the relevant section.
thanks.
Sudhir Kumar, Advocate 
(Expert) 25 October 2012
sS/2(9)
(9) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and -
(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; 8and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment 9or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; but does not include -
(a) any member of 10the Indian naval, military or air forces; or
11(b) any person so employed whose wages (excluding remuneration for overtime work) exceed 12such wages as may be prescribed by the Central Government :
Provided that an employee whose wages (excluding) remuneration for overtime work) exceed 12such wages as may be prescribed by the Central Government at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period;
