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Vikram Soni   24 June 2018

Payment of gratuity Act.

13500 employees are working in State Health Society Haryana from last 18 years. Society registered under society act 1860 Haryana. weather Payment of gratuity act is applicable on our Society. yes or no.

share notification for the same.


Learning

 8 Replies

Pradipta Nath (Advocate)     24 June 2018

Yes, it is applicable.

Kumar Doab (FIN)     24 June 2018

Other thread;

https://www.lawyersclubindia.com/experts/Payment-gratuity-act--655821.asp

In which other thread the query was repeated, as being asked from you in other thread?

You are employed in establishment and you should have obtained and shared the said notification.

You could have tried thru Admin office, Employees/trade union leaders, or even RTI..

Kumar Doab (FIN)     24 June 2018

GO thru;

The Haryana Payment of Gratuity Rules, 1972  version applicable when you joined e.g;

https://guptaconsultants.com/wp-content/uploads/2015/10/6-The_Payment_of_Gratuity_Act_1972.pdf

GO thru;

https://www.lawyersclubindia.com/experts/Payment-of-Gratuity-600816.asp

The citations about coverage of (some) societies under the Act are mentioned..

Relate with your matter..

Kumar Doab (FIN)     24 June 2018

 

Also pick up relevant points from decided maters in cases of societies that framed their own rules ;

Punjab-Haryana High Court

Shiv Kumar And Others vs State Of Haryana And Others on 5 October, 2013

 

NOTE :

3. The society shall pay to the Federation the contribution towards leave salary, provident fund, gratuity, ex-gratia amount etc. at the rates intimated to them in respect of employee under Common Cadre working with them. The Federation shall maintain separate accounts for these contributions received from the societies and these funds shall be administered by Managing Director.

https://indiankanoon.org/doc/186240745/

Orissa High Court

Indian Red Cross Society vs Bankanidhi Mishra on 15 March, 2013

 

24. For the reasons stated above, this Court is of the view that the statutory entitlement available to an employee cannot be curtailed by the petitioner by framing any Rules of its own. 

https://indiankanoon.org/doc/164269844/

Punjab-Haryana High Court

Dr. Swaran Sharma vs State Of Haryana And Anr. on 29 August, 2007

5. The petitioner has brought on record resolution No. 5 passed by the society wherein the employees of the society are to be governed by the Punishment and Appeal Rules as are applicable to the employees of the State Government. Similarly, the employees of the Society are also entitled to the allowance of leave and travel as are prevalent in Haryana Government and even the pay scale payable to the employees are the same as are meant for the State of Haryana. The claim of the petitioner is resisted by the State of Haryana as also by the Society on the grounds indicated in the impugned order dated 4.7.2005 and letter dated 9.2.2005.

11. For the above reasons, this petition is allowed. Respondents are directed to pay the salary to the petitioner for the period w.e.f. 1.11.1994 to 10.2.2005. She is also entitled to leave encashment as is permissible to the Haryana State Government employees as well as gratuity and Provident Fund in accordance with the rules and Payment of Gratuity Act, 1972. Provident Fund and Gratuity will carry statutory interest.

https://indiankanoon.org/doc/387866/

Kumar Doab (FIN)     24 June 2018

 

Also pick up relevant points from decided maters in cases of societies that framed their own rules ;

Punjab-Haryana High Court

Shiv Kumar And Others vs State Of Haryana And Others on 5 October, 2013

 

NOTE :

3. The society shall pay to the Federation the contribution towards leave salary, provident fund, gratuity, ex-gratia amount etc. at the rates intimated to them in respect of employee under Common Cadre working with them. The Federation shall maintain separate accounts for these contributions received from the societies and these funds shall be administered by Managing Director.

https://indiankanoon.org/doc/186240745/

Orissa High Court

Indian Red Cross Society vs Bankanidhi Mishra on 15 March, 2013

 

24. For the reasons stated above, this Court is of the view that the statutory entitlement available to an employee cannot be curtailed by the petitioner by framing any Rules of its own. 

https://indiankanoon.org/doc/164269844/

Punjab-Haryana High Court

Dr. Swaran Sharma vs State Of Haryana And Anr. on 29 August, 2007

5. The petitioner has brought on record resolution No. 5 passed by the society wherein the employees of the society are to be governed by the Punishment and Appeal Rules as are applicable to the employees of the State Government. Similarly, the employees of the Society are also entitled to the allowance of leave and travel as are prevalent in Haryana Government and even the pay scale payable to the employees are the same as are meant for the State of Haryana. The claim of the petitioner is resisted by the State of Haryana as also by the Society on the grounds indicated in the impugned order dated 4.7.2005 and letter dated 9.2.2005.

11. For the above reasons, this petition is allowed. Respondents are directed to pay the salary to the petitioner for the period w.e.f. 1.11.1994 to 10.2.2005. She is also entitled to leave encashment as is permissible to the Haryana State Government employees as well as gratuity and Provident Fund in accordance with the rules and Payment of Gratuity Act, 1972. Provident Fund and Gratuity will carry statutory interest.

https://indiankanoon.org/doc/387866/

Kumar Doab (FIN)     24 June 2018

 

You were employed thru contractor?

If yes, go thru the Bid and job advt and relate..

e.g;

GO thru

STATE HEALTH SOCIETY, PUNJAB

SECTION-D D.1 Terms of payment to be made by State Health Society, Punjab to the contractor 1. The contractor, being the legal employer in relation to persons engaged/ deployed by him in the SHS, Punjab shall alone be responsible to provide the Service/ Activities under this Agreement as well as to make the payment of monthly wages/ salaries, which in any case shall not be less than the prevailing DC rates along with all other statuary dues such as Employees Provident Fund, Employees State Insurance, Employees Deposit Link Insurance, Bonus, Gratuity, Maternity, etc. to the workers deployed by him in STATE HEALTH SOCIETY, PUNJAB.

https://www.pbnrhm.org/docs/tender_document_manpower.pdf

 

National Health Mission; Haryana

·         MEMORANDUM OF ASSOCIATION OF STATE HEALTH SOCIETY, HARYANA

1. Name of the Society

The Name of the Society shall be “State Health Society, (Haryana)” hereinafter referred to as the “Society”.

 

https://www.nrhmharyana.gov.in/page.aspx?id=58

The job advt on contractual basis

 

https://www.nrhmharyana.gov.in/page.aspx?id=37

 

TERMS AND CONDITIONS REGARDING OUTSOURCED THE SERVICES/ACTIVITIES

10. The Service Provider for providing services as mentioned herein, shall be the employees of the Service Provider only and not of the Department. The Service Provider shall be liable to make payment to its said employees towards their monthly wages/salaries and other statutory dues like Employees Provident Fund, Employees State Insurance, minimum wages, bonus, gratuity etc.

https://hipaco.in/upload/news/manpower_latest_08-03-2018.pdf

Kumar Doab (FIN)     24 June 2018

 

 

Was your service regularized?

 

Petitions were moved e.g;

 

Regularization of NHM workers and ASHA in all over India

https://www.change.org/p/health-minister-regularization-of-nhm-workers-and-asha-in-all-over-india

You need to make some efforts to post clear information about who was your employer and what was nature of employment..

Or you can submit written representation under proper acknowledgment to employer mentioning;’ Notice of Determination of Gratuity, payment and requisite forms were not supplied..and may be supplied..

Vikram Soni   24 June 2018

Thanks sir for valuable information

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