Though both the schemes of PF and gratuity are twin terminal benefits of employment, their applicability and operations are different in terms of the conditions stipulated in the respective enactments. It is possible that the enrollment into EPF could be a later event because of the subsequent application of the EPF Act,1952 to the establishment which would have already been covered under the PG Act,1972.
In such a precarious situation, it is only for the employee to prove that he had worked for not less than 240 days in every year in the same establishment prior to the date of his enrollment into the EPF by means of documentary evidence.
5th March 2019 From India, Salem
In this case the employee should represent his case appropriately with evidences to prove employer-employee relationship with this current employer since 1992 as mentioned by you.
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5th March 2019 From India, Mumbai
We want to constitute works committee under id act section no 03 but i do not have any practical exposure in this context . Hence i could not able to start works committee as needed. Therefore i am requested to kindly suggest me how to constitute WC step by step. Means where i need to send the information pertaining to WC in labour department . Please help in cited above matter
5th March 2019 From India
Really Thankful for the guidance and support sir, but in early 80's & 90's the contract labour deployed were not that qualified moreover they don't have any such evidence and the mode of Payment was on cash basis.
8th March 2019 From India, Adilabad
Every legal remedy is based on sufficient and proper evidence only. It is always imperative on the part of the claimant/workman to prove his actual length of service under a particular employer by means of some documentary evidence. If he doesn't have any such evidence, he can call for the records pertaining to casual labor/contract labor engaged during that particular periof of time from the employer. But the period should be within a reasonable span of time for no employer can be expected to keep and preserve the records for an indefinite period of time. In the absence of such documentary evidence, the Judicial Authority has no alternative other than disposing of the claim with the available documentary evidence only.
8th March 2019 From India, Salem