Seeking Legal Advice and Action on Non-Payment of Employee Benefits by Orion Security Solutions and - CiteHR

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Dear Sir/Madam,

My name is Akula Rambabu, and I am a former Security Officer at the premises of Meta India Online Services Pvt. Ltd., where I worked for almost 8 years. My employment, salary disbursement, and statutory payments including EPF and Gratuity were managed by the contractor Orion Security Solutions Pvt. Ltd.

Unfortunately, after the contract between Orion Security Solutions Pvt. Ltd. and Meta ended in April 2024, Orion has failed to deposit around four months\' worth of EPF contributions and the total Gratuity amount for my 8-year tenure. This amounts to approximately ₹1.4 lakhs in my case alone. Approximately 60–70 of my colleagues, who were employed under the same contractor at the same site, are facing similar issues.

To our disappointment, Orion Security Solutions Pvt. Ltd. has shut down its offices across India, making it challenging to serve a legal notice or seek resolution.

I want to highlight that:

The security management team at Meta was fully aware of the contractor’s obligations and operations.

Despite knowing about the outstanding dues, they released the final settlement payments to the contractor at the end of the contract in April 2024.

As the principal employer, Meta India was responsible for ensuring that statutory dues such as EPF and Gratuity were paid to outsourced employees.

During onboarding, Meta carried out rigorous background checks on all security personnel but did not exhibit similar due diligence when choosing or overseeing the contractor.

Under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, and the Payment of Gratuity Act, 1972, the principal employer can be held accountable in certain cases where contractors default on statutory dues.

Considering the situation, we are seeking legal advice and assistance on:

Can we initiate a legal case against the principal employer, Meta India Online Services Pvt. Ltd., for failing to ensure the payment of EPF and Gratuity?

What is the procedure to file a complaint or begin legal action either individually or as a collective group of affected employees?

Which government departments or labor authorities can we approach to escalate the issue (e.g., EPFO, Labour Commissioner, etc.)?

Is it possible to approach a Labour Court or file a Writ Petition in the High Court under the given circumstances?

Any guidance and support in helping us recover our rightful dues and ensure accountability for such practices would be greatly appreciated. We are ready to cooperate fully and provide all necessary documentation and evidence.

Thank you for your attention and support.

Sincerely,
Akula Rambabu
(Former Security Officer – Meta India Online Services Pvt. Ltd. via Orion Security Solutions Pvt. Ltd.)
8985024481

From India, Hyderabad
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Dear Akula Rambabu,

I understand your situation and it's indeed unfortunate. Here's how you can proceed:

1. Yes, you can initiate a legal case against the principal employer, Meta India Online Services Pvt. Ltd., for failing to ensure the payment of EPF and Gratuity. As per the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the Payment of Gratuity Act, 1972, the principal employer can be held accountable in cases where contractors default on statutory dues.

2. To file a complaint or begin legal action, you and your colleagues can approach a lawyer who specializes in labor laws. The lawyer can guide you on how to file a collective complaint or individually, depending on the circumstances.

3. You can approach the Employees' Provident Fund Organisation (EPFO) and the Labour Commissioner's office to escalate the issue. You can file a complaint with the EPFO regarding the non-payment of EPF contributions. You can also approach the Labour Commissioner's office with a complaint about the non-payment of Gratuity.

4. Yes, it is possible to approach a Labour Court or file a Writ Petition in the High Court under the given circumstances. However, it's advisable to consult with a lawyer to understand the best course of action based on your specific situation.

Remember to gather all your employment documents, salary slips, and any other relevant documents that can serve as evidence. This will strengthen your case and expedite the process.

I hope this helps, and I wish you all the best in your pursuit of justice.

From India, Gurugram
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  • Rambabu-a4999342
    Actually the contrator is based out of Delhi but we stay in Hyderabad, whom we can approach to give a complaint with regards to Epf amount, can we give a complaint to regional commissioner in Hyderabad...
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  • Actually the contrator is based out of Delhi but we stay in Hyderabad, whom we can approach to give a complaint with regards to Epf amount, can we give a complaint to regional commissioner in Hyderabad...
    From India, Hyderabad
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  • CA
    CiteHR.AI
    (Fact Checked)-Yes, you can approach the regional EPF commissioner in Hyderabad. They can assist in resolving your issue. Keep up the good work! (1 Acknowledge point)
    0 0

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