1. Eligibility: Advocates should have registration with the Bar Council and should be well versed with the ESI Act as well as other related Acts and Codes. They should not be handling any case at present against the Corporation.
2. General: i. The Advocate shall be empanelled for specific court. However, any case pertaining to the other Courts if entrusted in exigencies, shall not be refused it. ii. Refusal by any Advocate to accept any case otherwise than on grounds of conflict of interests, may entail removal of such advocate from the panel. Similarly, no advocates as long as his name is on the panel shall contest any matter against the Corporation. iii. The Advocates empanelled under these guidelines shall not be employees of the Corporation and, therefore, shall not be eligible for any benefits available to the employees.
iv. The empanelled Advocate shall maintain absolute secrecy and confidentiality about the cases of the Corporation. v. Advocate Should have necessary infrastructure such as Phone/Mobile, email ID ( Mandatory) etc. vi. Advocate should update the progress of the cases on regular basis to the concerned officers. Further, advocate should also submit monthly report of cases dealt by him/her to this office clearly stating the status of all pending cases along with actions to be taken, if any by this office. vii. The empanelled advocate should visit Regional Office on regular basis for discussions and necessary opinion as and when required and directed. Refusal to attend this office, when specifically directed, may entail removal of such advocate without assigning any reason thereof.
3. Tenure ‘term of Empanelment : The initial empanelment will be for five years or until further orders whichever is earlier. Performance of empanelled advocates shall be reviewed on annual basis. However, on completion of the term and satisfactory performance of the advocate, the empanelment may be renewed for a period of another five years by the Corporation. The corporation reserves the right to terminate the empanelment Of any advocate at any time with a notice of 15 days.
ii. 50% of the fee shall be paid on the completion of pleadings and balance 50% shall be paid after arguments, finalization of the case and on submission of certified copy of the judgement alongwith his/her legal opinion in case the judgement goes against the corporation either in full or part. iii. No retainer fee shall be paid to any panel advocate merely because such advocate has been empanelled. iv. The above fees may further be revised/regulated as per instructions of ESIC HQ’s office, New Delhi.
5.Procedure for Empanelment: The Additional Commissioner and Regional Director, ESIC, Regional Office Telangana will consider the bio-data for empanelment only on merit and while considering the requests from the advocates, specialization in the area concerning the Corporation shall be given priority. Depending on the number of applications received, this office reserves the right to shortlist candidates based on objective parameter to be called for interview. Final selection for empanelment will be done based on the Interview conducted and mere calling for interview will not entitle a candidate for empanelment. The decision of Additional Commissioner and Regional Director, ESIC, Hyderabad will be final in this matter.
6.Documents to be submitted by the Advocates: i. Matriculation certificate in support of Age. ii. Certificate of Registration with Bar Council. iii. Identity Card issued by Bar Association/Bar Council. iv. Certificates in support of educational qualification. v. An undertaking from the advocates to the effect that all information furnished by him/her is correct.
7.Communication of Empanelment: After a decision to empanel the advocate is taken, a communication in writing to this effect shall be sent to the Advocate. The process of empanelment shall be complete when the Corporation receives an acceptance letter from the advocate.
8.Right to Private Practice and Restrictions: i. An advocate shall have the right to private practice which should not, however, interfere with or be in conflict with the efficient discharge of his/her duties as an empanelled advocate of the Corporation. ii. An advocate shall not advise any party or accept any case against the Corporation.
9.DisabIements: Disablement on the part of the Advocate shall mean and include any of the following: i. Giving false information in the application for empanelment. ii. Handing over the case to another advocate, except to a duly appointed Junior Advocate. iii. Failing to attend the hearing of the case without sufficient reason and prior information. iv.Threatening, intimidating or abusing any of the Corporation’s employees, officers, or representatives. v. Committing an act tantamounting to contempt of Court or professional mis-conduct. vi. Conviction of the Advocate in any offence resulting into arrest or detention or disbarment by the Bar Council.
vii. Passing on information relating to Corporation’s case on the opposite parties or their advocates which is likely to cause damage to the Corporation’s interests. viii. Giving false or misleading information to the Corporation relating to the proceedings of the case. ix. Frequent adjournment being obtained or not objecting the adjournment moved by other party without sufficient reason. x. Empanelment shall be liable to be cancelled due to occurring of any of the above disablements on the part of the Advocate, with a notice of 15 days.
10.Removal of Difficulty: In the matter of implementation and interpretation of guidelines of this notice, if any doubt or difficulty arises, it shall be placed before the Additional Commissioner and Regional Director, ESIC, Regional Office Telangana and his decision thereon shall be final.
The Additional Commissioner and Regional Director, ESIC, Regional Office, Panchdeep Bhawan, 5-9-63, Hill Fort Road, Hyderabad-500063.
The Additional Commissioner and Regional Director, Employees’ State Insurance Corporation, Regional Office, Telangana, invites application from competent practising Advocates, for empanelment as Panel Advocate to represent ESIC, Regional Office, Telangana before various Courts and Tribunals, such as Employees’ State Insurance Court, High Court, NCLT, Metropolitan Magistrate Court, Central Administrative Tribunal(CAT), Consumer Courts etc. in Regional Office, Telangana jurisdiction. Eligible applicants may send their application to “The Additional Commissioner and Regional Director, ESIC, Regional Office, Panchdeep Bhawan, 5-9-63, Hill Fort Road, Hyderabad-500063 latest by 21/08/2020, 5:30 PM. Documents to be submitted by the Advocates: i. Matriculation certificate in support of Age. ii. Certificate of Registration with Bar Council. iii. Identity Card issued by Bar Association/Bar Council. iv. Certificates in support of educational qualification. v. An undertaking from the advocates to the effect that all information furnished by him/her is correct.
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