Hi dear Friends!!!
I think it will take some time to respond to my query!! However let me give my views on the point I raised and correct me if I am wrong in my assessment. I would like to get the feed back as it relates to one employee's rights and also help the employers to formulate the guidelines when people are engaged on contractual basis.
Firstly, the employee, after his completion of the contract period should naturally ask for renewal of his contract period in writing before he continue his services with the Company. In case he did not do so but the company also did not issue the same and engage his services, it may be presumed that a mutual understanding between them is there and he now be a part of the company regulars. Here we need to note, the management not only engaged his services, but also gave increments to his basic pay from time to time thus establishing a continueous employer - employee relationship.
So, after 8 years of the service,if for some reason, the employee wish to leave or the employer want to dismiss the employee from services, the employer is bound to pay the gratuity as well as all other benefits other regular employees enjoying irrespetive of the fact that he was originally engaged on contract basis.
Please consider and post your opinions. In fact I want an expert advise if one of you who aslo handel the legal adviser duties also.
Thank you,
Radhangapani