Case Study

When a wage claim outlived the contractor

A claim reached a public undertaking's Tamil Nadu office months after its contractor left, with the registers gone. How the record was rebuilt.

A tidy facilities storeroom with mop handles racked on a pale blue wall, labelled blue storage tubs on a steel shelf, and a red and blue two-bucket mop trolley on the floor.

A central public sector undertaking's regional office in Tamil Nadu changed its facilities contractor, then paid the final bill and released the retention. Four months later a wage claim arrived over deductions that contractor had taken from the crew's pay. The registers had gone with it, and the burden of proof sat with the employer. We helped rebuild the record, and the site paid the crew. This is a representative composite; no single client is described.

The situation

~60contract workers in housekeeping, pantry and front-of-house [VERIFY: composite figure]
₹600a month taken from each worker's pay as a "uniform and ID" line [VERIFY: composite figure]
6wage periods before the changeover in which the line appeared [VERIFY: composite figure]
4 monthsafter the changeover, when the claim notice arrived [VERIFY: composite figure]

We took over the crew at a planned changeover. The close-out checklist had covered final wages, PF and ESI, and the outgoing contractor's last bill and the site's retention were both released on that basis [VERIFY: composite]. Nobody had looked at the deductions column, because the site never received it: what reached the site each month was a bill and an intimation of the total paid.

Three legal facts set the frame. A central public sector undertaking, and the establishment of contractors serving it, fall on the Central side of section 2(d) of the Code on Wages 2019 and the matching definition in the OSH Code 2020, so the Central rules and the Central authority applied. Section 18(1) allows no deduction from wages except those the Code authorises, section 18(2) lists the purposes, and the Explanation treats any payment by an employee to the employer as a deduction. Rule 98(5) of the OSH (Central) Rules 2026 adds that contract wages are paid without deductions except those the Central Government specifies. All six wage periods fell after the Code took effect on 21 November 2025, so the question of which limit applies to older shortfalls did not arise [VERIFY: composite].

What the notice asked for

It asked the site to answer once, with everything, on a fixed date. The crew's registered union filed under section 45(4)(b) of the Code, with one Form II application per wage period, because rule 49(1) of the Wages (Central) Rules 2026 ties a group application to claims for the same wage period [VERIFY: composite]. The applications named the outgoing contractor and the undertaking as opponents. The Form VIII notice came by speed post to the registered office and took six days to reach the facilities team [VERIFY: composite]. It described the date as "appointed for the final disposal of the application", and rule 49(3) lets the authority decide ex parte if an employer does not appear.

Section 59 of the Code puts the burden of proving that dues were paid on the employer, and it names unauthorised deductions expressly. The first job was to find out what paper still existed [VERIFY: composite]:

RecordWho held itWhat the site could produce
Register of Wages (Form IV)The outgoing contractorNothing; two written requests went unanswered
Wage slips (Form V)The contractor and the workersSlips from workers who chose to share them
Attendance Register-cum-Muster Roll (Form IX)The outgoing contractorThe monthly attendance sheets attached to its bills
Wage intimations (OSH Code s.55(2))The site's own inboxAll six, showing totals only
Contractor's billsThe site's finance teamAll six, showing gross wages billed

The registers were not the site's to keep. Rule 51 of the Central rules makes the employer maintain them and preserve them for five years after the last entry, and for this crew that employer was a contractor which had left. Its licence had expired and its office in the State had closed [VERIFY: composite].

What we did

  • Left the answer to the site's counsel. Counsel ran the response and appeared on the date. Our part was the numbers, and we took no view on whether the deduction could be justified.
  • Rebuilt the deductions by worker and period. We took gross wages from the bills, subtracted the employee PF and ESI shares, and compared the result with the amount intimated. The monthly gap matched the ₹600 line on the wage slips the workers shared [VERIFY: composite].
  • Tested the names against attendance. The sheets showed six of the 58 people named had been on another of the contractor's sites throughout. That took the amount from ₹2,08,800 as filed to ₹1,87,200 for 52 workers [VERIFY: composite figures].
  • Paid the crew through the principal employer's fallback. On counsel's advice, and with no answer from the contractor, the site paid the reconciled amount under section 55(3) of the OSH Code 2020, into each worker's bank account through our payroll, ahead of the date [VERIFY: composite].
  • Explained the payment to every worker, in Tamil. Each worker was shown the months covered and how the figure was worked out, so an arrears line did not raise new questions.

Getting the money back was the harder half. Section 55(3) gives two routes, deduction from amounts payable under a contract or a debt, and rule 98(8) adds a security deposit the site holds. The bill and the retention had been released, so only the debt was left [VERIFY: composite]. The licence security was no help either: at ₹1,000 a worker under rule 90(1), a licence for about sixty is ₹60,000, and rule 92 returns it on expiry when no breach or forfeiture is on record, which is what had happened here [VERIFY: composite].

Exposure on the reconciled amountAmount
Claim as reconciled (52 × ₹600 × 6)₹1,87,200
Ceiling on compensation (10 × the claim, s.45(2))₹18,72,000
Site's recovery routes left openA debt claim only

The authority closed the applications on the amount paid and ordered no compensation [VERIFY: composite]. That is not a result to assume. Section 45(2) leaves compensation to the authority, "having regard to the circumstances".

What changed

MeasureBeforeAfterNotes
Final bill and retentionReleased on a close-out checklistRetention held for a period set with counselComposite [VERIFY]
Records at exitStayed with the contractorCopies of Forms I, IV and IX and wage slips delivered before releaseComposite [VERIFY]
Monthly checkBills and intimations filed separatelyGross billed against net intimated, with the gap explainedComposite [VERIFY]
DeductionsNot seen by the siteEach line mapped to a clause of section 18(2)Composite [VERIFY]
Legal noticesRegistered office post roomNamed contact in facilities and legalComposite [VERIFY]

The larger change was in how the site thinks about an exit. Section 45(6) gives workers three years to file, and longer on sufficient cause, so paying a contractor's final bill closes a commercial account and not the wage question. The site's contract now treats the records as something it collects on the way out, because the money it can recover from and the paper it can prove with both leave on the same day. This composite describes a method, not an outcome anyone should expect on their own facts.

How Velura Services helps

At a changeover we reconcile the outgoing contractor's wages and deductions against the site's bills and payment intimations, and ask for copies of the registers and wage slips before the final bill is released. If a claim arrives later, we help rebuild the record by worker and period from what the site holds, for the site's counsel to use.

Contact Velura Services WhatsApp us

Sources

Frequently asked questions

Can a wage claim be filed after the contractor has left the site?

Yes. Section 45(6) of the Code on Wages 2019 gives three years from the date the claim arises, and the authority can accept a later application on sufficient cause. The clock does not stop when a contract ends. A site can receive a claim about a period run by a contractor that left months earlier, after the final bill has been paid.

Why can a site be asked to pay for a contractor's deductions?

An unauthorised deduction leaves the worker short-paid. Section 55(3) of the OSH Code 2020 makes the principal employer liable where a contractor makes short payment of wages, with recovery from the contractor by deduction from amounts payable or as a debt. Whether that covers a particular deduction on particular facts is for the site's own counsel to decide.

What records should a site collect before paying a contractor's final bill?

Copies of the Employee Register, the Register of Wages, the Attendance Register-cum-Muster Roll and the wage slips for the period the contractor ran the crew. Under the Wages (Central) Rules 2026 those are Forms I, IV, IX and V. The employer must keep the registers for five years after the last entry, but the contractor keeps them, so a site without copies may have to rebuild them.

What happens if an employer does not attend a wage claim hearing?

The authority may decide the application ex parte under rule 49(3) of the Wages (Central) Rules 2026. The Form VIII notice says the date is appointed for final disposal, so documents and witnesses should come on that day. Tamil Nadu's 2022 draft rules are silent on this, so a State-sphere site should take its counsel's advice on the procedure.