In a bid to reduce the number of litigation by providing a mechanism for resolution of dispute outside the court, the Employees State Insurance Corporation (ESIC) has launched ‘The New Amnesty Scheme, 2014’. Under the scheme, which will remain operational till Jan 27, 2015 provides for the withdrawal of all prosecution cases filed under Section 84 and Section 85 of the Employees State Insurance Act, 1948.
The Amnesty Scheme also allows settlement of court cases under Section 75 and Section 82 of the Employees State Insurance Act, 1948 which have been filed up to 31 Dec, 2013.Under the Amnesty Scheme the dispute of coverage, contribution, damages can be settled. In the case of dispute of contribution the employers shall file a petition before the court where they have raised the dispute and seek permission of the court for out of court settlement of matter under litigation.
The matter swill be settled as per the Amnesty Scheme if the court allows the settlement of the litigation. In the case of dispute levy of damages, if the employer has made the payment of contribution and interest, then the Scheme allows for 50% waiver in damages.In the cases launched against the employers under Section 85 and Section 85- A, where the contribution has been assessed on assumed wages, the employer has the option of producing the records before the assessing officer and on satisfactory payment of employees and employers share of contribution the cases can be withdrawn.
In cases where the relevant records are not available with the employer alternative records such as income tax return etc. shall be acceptable for payment of contribution as per that record.In order to avail the benefit of the scheme an applicant has to also mandatorily submit an undertaking in to the effect that they shall be regular in compliance of the provision of ESI Act, 1948 in future or else they shall forfeit the right to avail the benefit of such Amnesty Scheme.
The desirous persons/parties against whom cases have been instituted in Uttarakhand and are intending to avail the benefits of “The New Amnesty Scheme, 2014” shall make an application in the prescribed Performa to the Regional Director, ESIC, Dehradun.The Scheme allows for settlement of cases within 3 months from the date of filing of the application. The complete details of the scheme are available on the website www.esicuttarakhand.in.