A Ward Of The Employer Entitled To Get Insurance Certificate Issued By The ESIC

In a case (WP(C) 18641/2024) where the employee is the wife of the owner of the establishment and was enrolled under the Employee State Insurance Act, 1948, the employee’s daughter was denied “Ward of Insured Person Certificate” by the ESIC stating that she is not entitled to the same as her father owned the establishment. It was also contended by the ESIC that the daughter enjoyed a higher financial strata and ESI is for the benefit of low-income individuals. The Kerala High Court rejected ESIC’s contention and asked the director of ESIC to reconsider the application of the daughter for the grant of “Ward of Insured Person Certificate”. The Court directed that statutory schemes must be interpreted strictly keeping in mind its purpose and object, and stated that the ESIC erred in reasoning and only recognized her status through paternal line.