The concept of "occupier" is only in the Factories Act and not in other laws like the Shops and Establishments Act or the Plantation Labour Act or the Mines Act or the Beedi and Cigar Workers (Conditions of Employment Act) or any other law which regulates the working conditions of workers. The Contract Labour(Regulation and Abolition) Act also does not use the term "occupier" to describe the relationship of the person(s) employing workmen through a contractor.
A Division Bench of the Madras High Court has held that the Principal Employer is liable to pay gratuity under the Payment of Gratuity Act to workmen employed by him through a contractor and then recover the amount from the contractor. This judgment of the Madras High Court has not yet been differed from by any other Division Bench of the Madras High Court or over ruled by the Supreme Court. This judgment of the Madras High Court is binding on all the authorities under the Payment of Gratuity Act, functioning within the territorial jurisdiction of the Madras High Court.
With regards
A Division Bench of the Madras High Court has held that the Principal Employer is liable to pay gratuity under the Payment of Gratuity Act to workmen employed by him through a contractor and then recover the amount from the contractor. This judgment of the Madras High Court has not yet been differed from by any other Division Bench of the Madras High Court or over ruled by the Supreme Court. This judgment of the Madras High Court is binding on all the authorities under the Payment of Gratuity Act, functioning within the territorial jurisdiction of the Madras High Court.
With regards