Section 77 of ESI Act : Section 77: Commencement Of Proceedings

Explanation using Example

Imagine an employee, John, who worked for XYZ Corp and sustained an injury on January 1, 2020, which made him eligible for benefits under the Employees' State Insurance (ESI) scheme. However, XYZ Corp did not report the injury to the ESI Corporation, and John was unaware of his rights. John learned about his eligibility for ESI benefits on December 1, 2022, and filed a claim with the ESI Corporation. The claim was unjustly rejected on January 15, 2023.

John decides to take the matter to the Employees' Insurance Court. According to Section 77 of the Employees State Insurance Act, 1948, John's proceedings must begin with an application to the court. He must file this application within three years of the cause of action, which in this case is the rejection of his claim on January 15, 2023. Therefore, John has until January 15, 2026, to file his application.

John must also ensure that his application is in the prescribed form with all required particulars and accompanied by any applicable fee as per the rules set by the State Government in consultation with the ESI Corporation.