I am handling HR function of company located in South Gujarat. Company started its manufacturing activity from November 1, 2009. ESI Code Number issued by the regional office has given effective date as 01.11.2009 from which contributions have also been paid via challans.  On June 1, one female employee issued a Baby in Materinity Home. She is the insured employee from day one i.e. 01.11.2009.

As per Gujarat Rules, she has completed minimum 78 days service in first contributions period. ( Rule: insured must have completed atleast 78 days service in preceeding two contibutions periods i.e one year) So she qualifies for getting maternity benefit. But, ESI officer says that company has yet not completed 9 months operation from ESI code issue date and so also the female employee in question. So, She does not qualify for benefits.

Can anyone help getting clear comprehension and judgement on the issue.

Valued views are solicited from learned friends Thanks and regards, Janak Soni