Payment of Wages in the absence of CLRA Act applicability

Hi Peers,

Please clarify my below mentioned query:
In the absence of applicability of CLRA Act 1970 to both the Principal Employer and the Contractor, since the number of employees are less than 20, (in Tamil Nadu), to whom should the contract employee raise the dispute for non payment of wages and dues for the work done by him.

Dear Rangarajan,

The non-application of the CLRAA,1970 cannot absolve either the principal employer or the contractor of the liability to pay wages to a contract labor for the period he worked in respect of the principal employer's work through the contractor engaged by him.

Better file a claim u/s 15 of the Payment of Wages Act 1936 against both.

in this case only liability for obtaining a license for respective company do not come to contractor but rest rules/act would be applicable on the contractor.

In the absence of CLA etc. Minimum wages Act provisions apply and can be claimed by the concerned.

Thanks

Ram K Navaratna
HR Resonance