Contract Employee Wage Dispute in Tamil Nadu: Who Handles It When CLRA Act Doesn't Apply?

Hi Peers, Please clarify my below-mentioned query: In the absence of applicability of the CLRA Act 1970 to both the Principal Employer and the Contractor, since the number of employees is 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 laborer for the period he worked in respect of the principal employer's work through the contractor engaged by him. File a Claim Under Section 15 of the Payment of Wages Act, 1936. Better file a claim under section 15 of the Payment of Wages Act, 1936 against both.

In this case, only the liability for obtaining a license for the respective company does not fall on the contractor. The rest of the rules and acts would be applicable to the contractor.

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

Thanks,

Regards, Ram K. Navaratna
HR Resonance