Understand the type of order issued

• Review the ESIC order carefully to identify the nature of the penalty or decision, such as contribution demand, damages, or applicability disputes.
  
• Orders under Sections like 45A (determination of dues) or penalty notices typically qualify for appeal.
  
• Appeals are usually applicable when an employer disagrees with the liability, computation, or coverage interpretation.
  
• Know whether the appeal lies with the ESI Court or an ESIC officer, based on the order type.
  
• Note the date of the order as it determines the timeline for filing the appeal.
  

Determine the appropriate appellate forum

• File the appeal with the Employees’ Insurance Court (EIC) under Section 75 of the ESIC Act for contribution disputes or enforcement orders.
  
• Administrative decisions or minor disputes may be appealed before the Regional Director or Appellate Authority at the ESIC office.
  
• Consult your legal team or compliance consultant to identify the correct appellate body.
  
• The jurisdiction depends on the location of the establishment and the issuing authority.
  
• Filing in the wrong forum may result in dismissal or delays.
  

Prepare the appeal application

• Draft a clear and detailed appeal petition stating the facts, legal grounds, and objections.
  
• Include the specific relief you seek, such as waiver, modification, or cancellation of the order.
  
• Attach relevant supporting documents such as:
  – Copy of the original ESIC order.
  – Employee wage registers and attendance records.
  – Payment proofs and contribution challans.
  – Correspondence with the ESIC office or officers.
  – Affidavits, if required, affirming facts.
  
• Ensure the application is signed and properly formatted.
  

Meet procedural and financial conditions

• Appeals must be filed within 60 days from the date of receiving the ESIC order.
  
• A mandatory pre-deposit may be required, often a percentage of the disputed amount, to admit the appeal.
  
• Submit the appeal in person at the appropriate office or through legal counsel.
  
• File the appeal in duplicate or triplicate as required by the forum.
  
• Obtain an acknowledgment of the appeal submission.
  

Attend hearings and await judgment

• You or your representative must attend scheduled hearings and present your case with documents.
  
• Respond to any queries or clarifications raised by the court or appellate officer.
  
• Additional documents may be requested during the proceedings.
  
• Once the case is heard, a final order will be passed—either confirming, modifying, or setting aside the original decision.
  
• Comply with the decision or proceed to a higher court if further appeal is necessary.
  

Maintain proper legal and audit records

• Preserve all documents, appeal petitions, and orders for future compliance checks.
  
• Update your internal records to reflect the status of the appeal and any revisions.
  
• Inform your HR or accounts team to adjust liability and avoid recurrence.
  
• A well-documented appeal process supports your case in audits and inspections.