Payment of gratuity act 1972 applicable to NACO (National AIDS Control Organization) society?

Payment of Gratuity Act 1972 applicable to NACO (National AIDS Control Organization) society registered under the Society Act 1860?

Respected Sir/Madam,

The National AIDS Control Organisation (NACO), established in 1992, is a division of India's Ministry of Health and Family Welfare that provides leadership to the HIV/AIDS control program in India through 35 HIV/AIDS Prevention and Control Societies. It is "the nodal organization for the formulation of policy and implementation of programs for the prevention and control of HIV/AIDS in India."

We have contract employees working under the National AIDS Control Organization (100% Central Sector Scheme), MH & FW, GOI through State AIDS Control Societies registered under the Society Act 1860 with a consolidated honorarium. No HR policy has been maintained here for the last 20 years. Many employees have completed more than 20 years of service under the same organization without any break in service.

Query:

1. Are such employees entitled to gratuity?
2. If yes, then is the same payable by the concerned society?
3. A society registered under the Society Act 1860: Is the Payment of Gratuity Act applicable to this? Please provide notification for the same.
4. Steps to be taken for the applicability of the Gratuity Act 1972 to NACO contractual employees.
5. The Central Labor Department is offering free advice to consult the State Labor Department.
6. Can we go to court for the applicability of gratuity for NACO contractual employees under the applicable gratuity act?

I hope you can provide your valuable advice and suggestions.

With Kind Regards,

-Venu Sudarthi

Your queries are answered below:

1. Are such employees entitled to get Gratuity? Yes, they are entitled to gratuity.

2. If yes, then is the same payable by the concerned society? Every registered society is an establishment as per the Payment of Gratuity Act 1972, and they are liable.

3. A society registered under the Society Act 1860. Whether the Payment of Gratuity Act is applicable to this, yes or no. Also, send a notification for the same. Yes, they are covered.

4. Steps to be taken for Gratuity 1972 act applicability to Naco contractual employees. There is no mention in the PGA that the Principal Employer is liable. The primary responsibility lies with the contractor. You can insist on compliance by the contractor if it is provided in your contract, or else reimburse the contractor the gratuity amount paid by the contractor establishment.

5. The Central Labor Department is giving free advice to consult the state labor department. They are correct; the jurisdiction lies with the state labor department.

6. Can one go to court for gratuity applicability for applicable gratuity act Naco contractual employees? The Controlling Authority (the Local Labor Officer) is the legal authority to deal with the claims as per the PGA.

1. Are such employees entitled to get Gratuity? Yes, as long as the organization has more than 10 employees, the Gratuity Act applies.

2. If yes, then is the same payable by the concerned society? The act applies irrespective of the constitution of the organization.

3. A society registered under the Society Act 1860. Is the Payment of Gratuity Act applicable to this, yes or no? Please also send a notification for the same.

4. Steps to be taken for the applicability of the Gratuity 1972 Act to NACO contractual employees.

5. The Central Labor Department is offering free advice to consult the state labor department.

6. Can one go to court for gratuity applicability for applicable Gratuity Act NACO contractual employees? I hope you provide your valuable advice and suggestions.

You don't need to go to court. Go to the Labour Commissioner. They are the mandated authority under the act. There is a format in which you can file your application to get gratuity not given by the employer.