Gratutiy Elgible One View Other View Not Elgible What To Do Pls Suggest

ONE COMPANY IN SIX EMPLOYEES IS WORKING UNDER COMPANY ROLE For the last 8 years
FOUR EMPLOYEES FOR WORKING THROUGH ONE AGENCY ON CONTRACT BASIS for last 8 years
ANOTHER FOUR EMPLOYEES WORKING THROUGHFOR ANOTHER AGENCY ON CONTRACT BASIS for last 8 years
TOTAL WORKING THERE
Permanent 6
1st Contractor through 4
2nd Contractor through 4
Total 14 Workmen Presently Working
question is minimum gratuity for 10 employees strength compulsory but here employer engaged 6 on role and other 8 is contract basis in this case how to calculate employees strength for gratuity if i count only on role employee then only six employees then they are not eligible if i count including contract employees the they will eligible which is correct please suggest

The contract labour has no legal relationship with the Principal Employer. Therefore, he can not claim gratuity from the Principal Employer. However, since there exists employee employer relationship between him and the contractor, he can claim gratuity from the contractor. This relationship is specific because he gets his salary from the contractor.
regards, madhu sir

If the concerned contractor does not pay the Gratuity, The principal employer has to pay them, when the contract labours becomes eligible.
Once the contract employees completes their 240 days in a continuous service, they becomes on roll employees. so they are also eligible for the Payment of Gratuity.
regards,
babu