contract labour gratuity

clifford john coelho (Querist) 16 January 2010 This query is : Resolved
dear expert,i am working as a contract labour in a psu for the last 19 yrs,i have the following queries,
a)for the past 11yrs with the same contractor and same psu.without any breaks.
b)the contracts are annual.
c)now,am i eligible for gratuity ?
d)is the PE liable for any default made by the contractor ?

thanks & regards

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R.R. KRISHNAA (Expert) 16 January 2010
Yes as you have worked for more than 5 years in a organization/same contractor you are definitely eligible for gratuity. Yes the principal employer will be liable for the default made by the contractor.

Guest (Expert) 16 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING CONTRACT LABOUR AND GRATUITY KINDLY NOTE THAT.
1.YOU ARE WORKING WITH THE CONTRACTOR AND ARE EMPLOYEE OF CONTRACTOR.YOUR PAY AND ALLOWANCES ARE PAID BY THE CONTRACTOR .HENCE CONTRACTOR IS YOUR EMPLOYER .YOU MAY CLAIM ALL BENEFITS OF GRATUITY FROM YOUR EMPLOYER WHO IS CONTRACTOR.
2.KINDLY NOTE THAT THE PSU IS GIVING ANNUAL CONTRACTS TO THE CONTRACTOR ON FIXED TERMS AND FIXED AMOUNT AS PER CONTRACT.HENCE PSU IS LIABLE TO THAT EXTENT ONLY.
3.CONTRACT LABOUR ARE
EMPLOYEES OF CONTRACTOR AND NOT THE EMPLOYEES OF PSU.PLEASE NOTE
4 HENCE UNLESS ANY SPECIFIC CLAUSE IS THERE IN CONTRACT OF CONTRACTOR WITH SAID PSU, THE SAID PSU IS NOT RESPONSIBLE FOR ANY GRATUITY PAYABLE TO THE CONTRACT LABOUR OF CONTRACTOR.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS.WILL HELP YOU.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Vijayarajan (Expert) 17 January 2010
YOU WERE WORKING WITH THE CONTRACTOR AND ARE EMPLOYEE OF CONTRACTOR.YOUR PAY AND ALLOWANCES ARE PAID BY THE CONTRACTOR .HENCE CONTRACTOR IS YOUR EMPLOYER .YOU MAY CLAIM ALL BENEFITS OF GRATUITY FROM YOUR EMPLOYER WHO IS CONTRACTOR. IF HE DOSEN'T PAY YOU MAY FILE AN APPLICATION FOR GRATUITY BEFORE THE CONTROLLING AUTHORITY UNDER THE PG ACT 1972.

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