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ESI - need help urgently

This query is : Resolved 
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(Querist)
05 August 2010 Hi

We are having trainees in our co, who come for 3 to 4 months & we pay 5000-6000 to them pm. is ESI appliable for these trainees ? presently co is applying ESI to them

Pl revert at earliest
thanks
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CA. BIJENDER KR. BANSAL

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CA. BIJENDER KR. BANSAL (Expert)
05 August 2010 Yes, ESI will be applicable to them, Any Worker/trainee who are working in factory premiss, ESI will be applicable to him.
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VINOD ARORA

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VINOD ARORA (Expert)
05 August 2010 Gujrat High Court had decided in ESIC vs.Arvind mills 2009 case that apprentices either appointed under the apprentices act or engaged under certified standing orders are both excluded from definition of 'Employee" under sec. 2(9) of ESI Act.
For brining apprentice engaged under certified standing orders, out of ESI, one should have the specific category of Apprentice/Trainee approved under standing orders.
This judgment will have far recahing consequences because this category has already been declared excluded by courts from EPF act.So, Now the trainee or apprentice is out from ESI and PF both.
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Rasesh

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Rasesh (Expert)
05 August 2010 Agree with Mr. Vinod Arora. Apprentices have been excluded.
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CMA Shubhajit Karmakar

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CMA Shubhajit Karmakar (Expert)
26 January 2015
ESI is applicable for mentioned case as they are not apprentice under apprentices act or trainee under standing order.
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