If there is an indemniy bond signed seperately with the contractor apart from the Contract for performance to indemnify the principal employer from future liabilities, there is no need to against to obtain an indemnity undertaking at the time of final settlement of the contract. However where the indemniyty is incorporated as part of the main contract for performance and the said contract is terminated after completion of the performance, it is debatable whether the principal employer can invoke indemnity agaisnt the contarctor agaisnt any future liabilities as the contract itself of which indemnity is part, became non-existent. In that event, it is advisable to follow the suggesstion of Bhaskar.. The other procedural precaustions suggested by Bhasker to be followed at the time of fianl settlement of the contract, are, in my view, prudent as some contractors are little wily to extarct money even after ending relationship with the Principal employer.
B.Saikumar
HR & labour Law advisor
Mumbai