Can a principal employer issue more than one Form V if the contractor is awarded work in the same company but in a different plant or department?
Can one contractor have more than one labor license in the same city or the same company?
From India, undefined
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Can one contractor have more than one labor license in the same city or the same company?
From India, undefined
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First look at the provision about Form V in the act as written below:
"Every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as the principal employer in respect of the employment of contract labour by the applicant."
As per my understanding, the interpretation of the above enlightens us that there is no requirement of more than one Form V for one contractor in the same establishment, but the nature of the contract work must be written in the form.
From India, undefined
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95"Every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as the principal employer in respect of the employment of contract labour by the applicant."
As per my understanding, the interpretation of the above enlightens us that there is no requirement of more than one Form V for one contractor in the same establishment, but the nature of the contract work must be written in the form.
From India, undefined
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Sorry, I beg to differ from the interpretation of our friend Mr. R.K. Singh. The license granted under the CLRA Act, 1970 is basically work-specific. A contractor is required to obtain a separate license for every contract he enters into with the Principal Employer. Every such application for a license has to be accompanied by a Form-V issued by the PE. Therefore, it automatically follows that the same contractor may have different contract works from the same PE and thus require different licenses for such different contract works.
Since the Form-V issued by the PE is not only a certificate of engagement of a particular contractor by name but also an undertaking to abide by the vicarious liability enjoined upon himself under the Act in respect of that contract work, I am of the view that when more than one contract work is awarded to the same contractor, he has to issue a separate Form-V for each of the contract works that require a license under the Act.
From India, Salem
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Since the Form-V issued by the PE is not only a certificate of engagement of a particular contractor by name but also an undertaking to abide by the vicarious liability enjoined upon himself under the Act in respect of that contract work, I am of the view that when more than one contract work is awarded to the same contractor, he has to issue a separate Form-V for each of the contract works that require a license under the Act.
From India, Salem
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It is true and correct that each contract work is work-specific and place-specific. Normally, the Certificate of Registration for the engagement of Contractors is issued to the Principal Employer. Based on that, if any Contractor engages 20 or more contract workmen, the PE gives Form V to enable the Contractor to apply for a License. The Contractor may be given different contract works such as Packing, Loading & Unloading, and Housekeeping, etc. In this case, he may be issued with one Form V to get a License for the total number of persons to be engaged by him in different jobs. Though the nature of work and the maximum number of persons to be engaged are specified (Contractor-wise) in the Registration Certificate and License, there is no such thing mentioned in Form V. The same is being issued by the PE only as an undertaking to abide by the provisions of the CLRA Act and the Rules.
Thanks and Regards,
N Nataraajhan, Sakthi Management Services
(Hp: +91 94835 17402; E-mail: natraj@sakthimanagement.com)
From India, Bangalore
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Thanks and Regards,
N Nataraajhan, Sakthi Management Services
(Hp: +91 94835 17402; E-mail: natraj@sakthimanagement.com)
From India, Bangalore
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If contract work locations are different, a separate Form V has to be issued for each location. The license bears the address of the principal employer's location where the contractor is required to work.
Mr. Singh, this is a legal forum; here, knowledge is important, not just understanding. Please don't take this amiss.
From India, Mumbai
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Mr. Singh, this is a legal forum; here, knowledge is important, not just understanding. Please don't take this amiss.
From India, Mumbai
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Dear Mr. Shrikant,
I acknowledge your point regarding Form V being required separately for each location. An issue arises when the same contractor is involved in different contract work at the same location. In practice, we usually provide one Form V for one contractor at a particular location, as suggested by Mr. Natraj. The interpretation of the law may vary in this regard.
Thank you.
From India, undefined
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I acknowledge your point regarding Form V being required separately for each location. An issue arises when the same contractor is involved in different contract work at the same location. In practice, we usually provide one Form V for one contractor at a particular location, as suggested by Mr. Natraj. The interpretation of the law may vary in this regard.
Thank you.
From India, undefined
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Dear Friends,
It may not be out of context to mention that interpretation of a particular rule or provision of any section in a law would be an inevitable exercise only when more than one way or possibility of giving effect to that particular provision is present. I am not able to think or accept that interpretative brooding accentuated by practical/personal inconveniences is possible in respect of the compliance of the procedures set down by a rule. If a section of a law or a rule made thereunder prescribes that a particular thing to be done in a specific way, no deviation or departure from such dictum is permissible.
Regarding the procedure for application for a license, Rule 21(2) of the Contract Labor (Regulation & Abolition) Central Rules, 1971 lays down that every application for the grant of a license shall be accompanied by a certificate by the principal employer in Form V. In my opinion, it means that every license granted is distinct from the rest of the licenses, if any granted to the same contractor in respect of any other works under the same principal employer. Therefore, the question of any difficulty due to redundancy of the issue of Form V does not arise.
From India, Salem
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It may not be out of context to mention that interpretation of a particular rule or provision of any section in a law would be an inevitable exercise only when more than one way or possibility of giving effect to that particular provision is present. I am not able to think or accept that interpretative brooding accentuated by practical/personal inconveniences is possible in respect of the compliance of the procedures set down by a rule. If a section of a law or a rule made thereunder prescribes that a particular thing to be done in a specific way, no deviation or departure from such dictum is permissible.
Regarding the procedure for application for a license, Rule 21(2) of the Contract Labor (Regulation & Abolition) Central Rules, 1971 lays down that every application for the grant of a license shall be accompanied by a certificate by the principal employer in Form V. In my opinion, it means that every license granted is distinct from the rest of the licenses, if any granted to the same contractor in respect of any other works under the same principal employer. Therefore, the question of any difficulty due to redundancy of the issue of Form V does not arise.
From India, Salem
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Dear Umakanthan ji,
You are absolutely right. Today, I have also confirmed with one of my friends who is a labor commissioner in the central government. He stated that the number of Form III (earlier Form V) depends on the number of work orders given by the organization.
From India, undefined
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You are absolutely right. Today, I have also confirmed with one of my friends who is a labor commissioner in the central government. He stated that the number of Form III (earlier Form V) depends on the number of work orders given by the organization.
From India, undefined
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Hi Team, I would request you to give me Form-V-A covering letter format. If you have any particular format pls do forward to me. my mail id sedhu.sesha@gmail.com
From India, Chennai
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From India, Chennai
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Dear Sir,
Can a government or private undertaking employee take long leaves at a stretch, i.e., 4 months on the pretext of medical care for his/her parents and produce a medical certificate? What is the process to catch that errant employee?
Kindly advise.
Syed Adil Mehdi
From India, New+Delhi
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Can a government or private undertaking employee take long leaves at a stretch, i.e., 4 months on the pretext of medical care for his/her parents and produce a medical certificate? What is the process to catch that errant employee?
Kindly advise.
Syed Adil Mehdi
From India, New+Delhi
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