1st October 2019 From India, Thiruvananthapuram
As per the case details it gives impression that termination of workmen happened due to non-renewal contract than completion of Work at Plant.
But you engaged another Contractor for the same work in same plant and same area with the same employees.
However, the termination of service of a workman appointed for fixed period for non - renewal of contract will amount to retrenchment and section 2(oo)(bb) of the Act will not be attracted when the letter of appointment was a camouflage to circumvent the benefit of permanency as held by the Kerala High Court (Manager, Jayabharath Printers & Publishers (P) Ltd., Kallai Road, Calcutta-2 vs. Labour Court, Kozhikode, 1993 LLR 413 (Ker. HC)) but at the same time termination of a workman though appointed for a fixed period with notional breaks, will amount to retrenchment.
Your contractor has done the blunder and as principal employer you allowed the employment of same worker to same work. Now you pay the retrenchment compensation @15 days for every completed year of continuous service or any part thereof in excess of 6 months. Better your management pay to subside the claim of permanency that may come.
10th October 2019 From India, Mumbai
Ultimately the problem is for PE. Unnecessary unrest.
S K Bandyopadhyay ( WB, Howrah)
+91 98310 81531
10th October 2019 From India, New Delhi