I had faced the situation in power sector at Jharkhand and seen this issue was existed in most of the power plant (o&M job) . It was Job contract for two years but after completion of three /four re tender process, contractor continued and the contract labour comes under purview of Gratuity. When the contractor changed and the same labour is continuing their job in the said power plant , they raised the issue of Gratuity. Here P.E authority just forward the issue to ALC/ RLC . But when contractor denied , principal employer hold only the security deposit and the last two or three months bills which is not at par with the amount of Gratuity payable. Though the matter is not till resolved and under the jurisdiction of RLC or mutually settled in between ex-contractor and the labourers
Whereas different system is followed in AP and WBPDCL . Each and every contract to be renewed only after clear of full and final settlement. Not only that, the amount of gratuity is kept under co operative of Contract labour unions . Whenever any contractual workman retired , died settlement done along with Gratuity without any dispute . But in AP and Gujrat cost of Gratuity paid on monthly basis in different terms .
Now in power sector start to include the process of exclation charges , in which the cost against gratuity is included at the time of tender valuation or submission.
This is my practical experience - either pay the gratuity or settle the matter amicably with the contract labour reprsentative otherwise the case will be under the juridication of law
Whereas different system is followed in AP and WBPDCL . Each and every contract to be renewed only after clear of full and final settlement. Not only that, the amount of gratuity is kept under co operative of Contract labour unions . Whenever any contractual workman retired , died settlement done along with Gratuity without any dispute . But in AP and Gujrat cost of Gratuity paid on monthly basis in different terms .
Now in power sector start to include the process of exclation charges , in which the cost against gratuity is included at the time of tender valuation or submission.
This is my practical experience - either pay the gratuity or settle the matter amicably with the contract labour reprsentative otherwise the case will be under the juridication of law