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[6.] Mr. Shivang Jani, learned advocate for the appellant- Corporation, at the outset, has drawn my attention to the relevant dates. While inviting the attention two show cause notices issued by the respondent-company, learned advocate has submitted that mainly on the ground of non-compliance of Regulation 12 of ESI (General) Regulations, 1950, the proceedings were initiated against the respondent-company. The scheme of the Act places primary obligation NEUTRAL CITATION C/FA/1534/2024 ORDER DATED: 17/02/2025 undefined on the employer to take insurance of all its employees and to pay contribution. Since, the respondent-company being a principal employer, failed to make any payment and discharged his liability. The cause of action arose for the Corporation to issue show cause notices. [6.1] Learned advocate has referred to Regulation 12 of ESI (General) Regulations, 1950, which mandates the employer before taking the person into employment in establishment after the appointed date, to furnish as well as to demand particulars required for the declaration form including the temporary identification certificate. It is mandatory upon the employer to enter the particulars in the declaration form including the temporary identification certificate and obtain the signature or thumb impression of such employee and also complete the form as indicated thereon. The prescribed form in this regard is appended at the end of the regulations. The learned advocate has further referred to the Form-1. He has further pointed out that at the stage of registration of the employee with the Corporation, the employer is directed under the statute to submit two declaration forms as prescribed under Form-1, which is required to be counter signed by the principal employer.



                                                                                                                  NEUTRAL CITATION




                              C/FA/1534/2024                                     ORDER DATED: 17/02/2025

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Pahchan Card was issued by the ESI Corporation in the name of employee on the same day on successful registration of employee. Thus, the employee was registered under the Act. [7.2] According to him, the only dispute which the respondent- company has raised by making submissions, which is otherwise not forming part of the grounds raised in the appeal is the non-compliance of Regulation 12. It is further submitted by learned advocate that only scope of Regulation 12 is to gather the requisite details of the employee at the time of his joining the service. The respondent- company had duly furnished the declaration forms within the extended period of 10 days as provided under Regulation 14 of the ESI (General) Regulations, 1950. Learned advocate has further referred to Regulation 14, which permits the employer to send the appropriate office by registered post or messenger, all declaration forms without detaching the temporary identification certificate prepared under these regulations together with a return in duplicate Form-3 within 10 days of the date on which the particulars for the declaration forms were furnished. He has, therefore, submitted that the provision itself permits the employer to furnish such declaration within the period of 10 days from the date when the particulars are furnished.