Sudarthi Venu
Payment of gratuity act 1972 applicable to NACO (National AIDS Control Organization) society registered under society act 1860?

Respected Sir/Madam,
The National AIDS Control Organisation (NACO), established in 1992 is a division of India's Ministry of Health and Family Welfare that provides leadership to HIV/AIDS control programme in India through 35 HIV/AIDS Prevention and Control Societies, and is "the nodal organisation for formulation of policy and implementation of programs for prevention and control of HIV/AIDS in India."

We have contract employees working under National AIDS Control organization (100% Central Sector Scheme ) ,MH & FW,GOI through State AIDS Control societies registered under society act 1860 with consolidate honororium .No HR Policy maintained here last 20 years.Many of employees have completed more than 20 years of service under the same organization without any break of service.

Query is that:-

1- Are such employee are entitled to get Gratuity ?

2- If yes, then then the same is payable by the concerned society ?

3.An society registered under society act 1860. Whether Payment of gratuity act applicable on this yes or no. Send also notification for the same.

4.Steps to be taken for gratuity 1972 act applicability to Naco contractual employees

5.Central Labor department is giving free advice to consult the state labor department

6.Can go to court for gratuity applicability for applicable gratuity act naco contractual employees ?
I hope you provide your valuable advices and suggestions

With Kind regards

-Venu Sudarthi

From India, Sodam
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy
Sudarthi Venu
Counsellor

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KK!HR
1367

Your queries are answered below:

1- Are such employee are entitled to get Gratuity ? . Yes, they are entitled to gratuity

2- If yes, then then the same is payable by the concerned society ? Every registered society is an establishment as per the Payment of Gratuity Act 1972 and they are liable.

3.An society registered under society act 1860. Whether Payment of gratuity act applicable on this yes or no. Send also notification for the same. Yes they are covered.

4.Steps to be taken for gratuity 1972 act applicability to Naco contractual employees. There is no mention in the PGA that the Principal Employer is liable. The primary responsibility lies with the contractor. You can insist for compliance by the contractor if it is provided so in your contract or else reimburse the contractor the gratuity amount paid by the contractor establishment.

5.Central Labor department is giving free advice to consult the state labor department. They are correct, the jurisdiction lies with the state labour department

6.Can go to court for gratuity applicability for applicable gratuity act naco contractual employees ? The Controlling Authority (the Local Labour Officer) is the legal authority to deal with the claims as per PGA.

From India, Mumbai
saswatabanerjee
2355

1- Are such employee are entitled to get Gratuity ?
Yes, as long as the organisation has more than 10 employees, gratuity act applies

2- If yes, then then the same is payable by the concerned society ?
The act applies irrespective of the constitution of the organisation

3.An society registered under society act 1860. Whether Payment of gratuity act applicable on this yes or no. Send also notification for the same.

4.Steps to be taken for gratuity 1972 act applicability to Naco contractual employees

5.Central Labor department is giving free advice to consult the state labor department

6.Can go to court for gratuity applicability for applicable gratuity act naco contractual employees ?
I hope you provide your valuable advices and suggestions

You don't need to go to court. Go to the Labour Commissioner. They are the mandated authority under the act. There is a format in which you can file your application to get gratuity not given by the employer

From India, Mumbai

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