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saswatabanerjee
2392

You have issued 3 form V for the same contractor.
In each of the firm V yiu have stated that the contractor has only 19 workers deployed in your factory.
That is definitely falsification of records and in effect a fraudulent activity.
A complain by any worker will being the entire government machinery on yiu like a ton of bricks. Your RLC would not have given you the ruling in writing

From India, Mumbai
Adoni Suguresh
150

The Act, Rules and Regulations are made for the benefit of the public in general may be industry or factory est etc. The applicable act should be followed strictly by the industries as stipulated and should not interpreted or misrepresent the act. This not prepared for any one industry/factory. If any lapse in implementing the same , the every acts, rules are having a Penal clause also. The law cannot be twist as per the individuals requirement.
Our friend Mr.Madhu has gien his opinion elaborately in this subject thread. Thanks for him.
Adoni Suguresh
Labour Laws Consultant

From India, Bidar
hotgautam
9

Thanks to all. Yes we are registered under CL Act. In register of contractors (form-12) we mention the name of contractor, his work period and maximum no of labour deployed. It is possible that same contractor name is found in the register with the same or different work period.Madhu sir is right in this regard.Since nature of job is different, we see no wrong and RLC has also inspected this without any comments.
From India, Pune
saswatabanerjee
2392

In spite of what the RLC has said, you are going to get into trouble for allowing a contractor having more than 20 workers to work without a license. The law requires license for each contractor not for each contract or activity.

From India, Mumbai
asbhat
51

I hasten to add that the process of verification of all records of the contractors' compliance with statutory obligation should be followed before payment of his each monthly bill. A. S. Bhat
From India, Pune
hotgautam
9

Thanks to all once again. I want elaboration on Mr. Banarjee’s thread that " The law requires license for each contractor not for each contract or activity".
From India, Pune
saswatabanerjee
2392

Please refer to sec 1 of the act
It very clearly says that the act applies to all contractors who have 20 or more contract workers. There is no stretch of imagination by which it can be said that it will only apply to each different activity in the same factory.

From India, Mumbai
Adoni Suguresh
150

Mr.S.Bannerjee has given his valuable opinion on your query in the thread by interacting with the posts by step by step as regards to your contractors licence. Other members also have elaborated their opinion in the thread. I hope that with this you must have understood your query without any further interpretation on the law.
Adoni Suguresh
Labour Laws Consultant .

From India, Bidar
avantigokavi@gmail.com
Hi i am 9 months old to HR Field, can you give me valuable advise with regards to my query it is being observed that one of the field employee is very lethargic & is not doing reporting properly. The manager has given him several warnings but is of no use. The employee has given two apology from his side that he will improve. He is non confirmed employee, can we terminate him ?
From India, Mumbai
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