As I have already mentioned in my previous articles that liability
to pay the wages to the contractual workers by the Principal Employer’s has
been recognized in section 21(4) of the Contract Labour (Regulation &
Abolition) Act, 1970 in case of failure by contractor to pay the wages to its
employee. Thus, the wages due to the contract workmen does not include Bonus
and Gratuity.
This is made clear by the definition of wages in the
Industrial Dispute Act and Payment of Wages Act. Therefore, the Principal
Employer is not liable to pay Bonus to the contractual employees.
To get the supporting case law for this do write us on girishvivalkar979@gmail.com
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subject.
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