SUDARTHI VENU (COUNSELOR) 05 November 2020

Payment of gratuity act 1972 applicable to NACO ( national AIDS Control Organization)society registered under society act 1860?

Respected 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 HIV/AIDS control programme in India through 35 HIV/AIDS Prevention and Control Societies, and is "the nodal organisation for formulation of policy and implementation of programs for prevention and control of HIV/AIDS in India."

We have contract employees working under National AIDS Control organization (100% Central Sector Scheme ) ,MH & FW,GOI through State AIDS Control societies registered under society act 1860 with consolidate honororium .No HR Policy maintained here lat 18 years.Many of employees has completed more than 18 years of service under the same organization without any break of service.

Query is that:-

1- Are such employee are entitled to get Gratuity ?

2- If yes, then then the same is payable by the concerned society ?

3.An society registered under society act 1860. Whether Payment of gratuity act applicable on this yes or no. Send also notification for the same.

4.Steps to be taken for gratuity 1972 act applicability to Naco employees

5.Central Labor department is giving free advice to consult the state labor department

6.Can go to court for gratuity applicability for applicable gratuity act naco contractual employees ?

I hope you provide your valuable advices and suggestions.

With Kind regards

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Quick Summary

This discussion explores whether contract employees of the National AIDS Control Organisation (NACO), working through societies registered under the Societies Act 1860, are entitled to gratuity under the Payment of Gratuity Act 1972. The consensus suggests that these employees are indeed eligible, even with consolidated honorariums, provided they meet service criteria. The advice indicates that the concerned societies are responsible for payment, and employees can pursue legal remedies if gratuity is denied, including approaching the High Court.

6 Replies

P. Venu (Advocate) 06 November 2020

Yes, they cannot be denied gratuity, if otherwise eligible. If denied, the concerned employees can seek legal remedy.

SUDARTHI VENU (COUNSELOR) 06 November 2020

Thank you Venu sir for your prompt response

Sudhir Kumar, Advocate (Advocate) 08 November 2020

what about their provident fund.

SUDARTHI VENU (COUNSELOR) 08 November 2020

Since 2015 EPF onwards applied

Pradipta Nath (Advocate) 09 November 2020

1. Yes the Contractual employees are too eligible for the PF and ESIC as well. Please read the judgement in M/S Pawan Hans Ltd. and Others Vs. Aviation Karmachari and Others.

2. The same is ought to be payable by the Employer but the Principal Employer is statutorily bound to see that the welfare schemes are well disbursed to the employees. Please refer CLRA Act for this.

3. POG Act is applicable as per section 1 irrespective of any society registered under any Act for the time being in force. Please refer your State's S&E Act and POG Act for better clarity.

4. If POG is applicable please process to file Form A and F under the POG Rules before the Appropriate Government. In your case the AG may be the State Government itself.

5. I am not clear with your point no. 5. Seems it is a statement and not query.

6. You can move writ before the Hon'ble High Court at your jurisdiction and have your prayer. Seems to have merit.