Here is an interesting case regarding gratuity should be payable for a contract labour or not.
A principal employer X renews only rate contracts for a contractor B for supply labour.
Contractor B has no written contract with any of his worker and they[B] have monthly payment on daily wages basis.
Some worker of Contractor B attends his duty rarely [say, 10 days in a month] but working under 'B' for last 8 years.
Now, he wants to go out.
Should he be entitled for gratuity ? and if yes - what should be the basis of calculation.
The name of 'X' and 'B' is kept confidentiontial for the security of Contractor 'B' but they are really in atrouble - Pl. anyone in W.Bengal guide with a solution.
Thanks,
Krishnendu
A principal employer X renews only rate contracts for a contractor B for supply labour.
Contractor B has no written contract with any of his worker and they[B] have monthly payment on daily wages basis.
Some worker of Contractor B attends his duty rarely [say, 10 days in a month] but working under 'B' for last 8 years.
Now, he wants to go out.
Should he be entitled for gratuity ? and if yes - what should be the basis of calculation.
The name of 'X' and 'B' is kept confidentiontial for the security of Contractor 'B' but they are really in atrouble - Pl. anyone in W.Bengal guide with a solution.
Thanks,
Krishnendu