[QUOTE=vsrlaw;2122416]Extracting Rule 18 of the CLRA Rules
18. Grant of certificate of Registration.—
(1) The certificate of registration granted under sub-section (2) of sec. 7 shall be in Form II.
(2) Every certificate of registration granted under sub-section (2) of Sec.7 shall contain the following particulars, namely:
(a) the name and address of the establishment;
(b) the maximum number of workmen to be employed as contract labour in the establishment;
(c) the type of business, trade, industry, manufacture or occupation which is carried on in the’ establishment; -
(d) such other particulars as may be releyant to the employment of contract labour in the establishment.
(3) The registering officer shall maintain a register in Form lit showing the particulars of -establishments in relation to which certificates of registration have been issued by him.
(4) if, in relation to an establishment, there is any change, ‘in the particulars specified in the certificate of registration, the principal employer of the establishment shall Intimate to -the registering officer, within thirty day from the date written such change takes place, the particulars of, and the reasons for, such change.
Therefore under Rule 18 (2) (b) the maximum No will be specified.If in the Registration Certificate 450 is permitted then its deployment will be legal.[/QUOTE
License at present is 350 workers we are amending it for another 100 then its legal rightt .. doing the same thank you
From India, Chennai
18. Grant of certificate of Registration.—
(1) The certificate of registration granted under sub-section (2) of sec. 7 shall be in Form II.
(2) Every certificate of registration granted under sub-section (2) of Sec.7 shall contain the following particulars, namely:
(a) the name and address of the establishment;
(b) the maximum number of workmen to be employed as contract labour in the establishment;
(c) the type of business, trade, industry, manufacture or occupation which is carried on in the’ establishment; -
(d) such other particulars as may be releyant to the employment of contract labour in the establishment.
(3) The registering officer shall maintain a register in Form lit showing the particulars of -establishments in relation to which certificates of registration have been issued by him.
(4) if, in relation to an establishment, there is any change, ‘in the particulars specified in the certificate of registration, the principal employer of the establishment shall Intimate to -the registering officer, within thirty day from the date written such change takes place, the particulars of, and the reasons for, such change.
Therefore under Rule 18 (2) (b) the maximum No will be specified.If in the Registration Certificate 450 is permitted then its deployment will be legal.[/QUOTE
License at present is 350 workers we are amending it for another 100 then its legal rightt .. doing the same thank you
From India, Chennai
Dear 
Our Senior Member / Super Moderator Madhu ji has given answer to your query in very uncertain words, in very simple language. Still you are not clear on subject. You need to enhance your knowledge working under Senior Professionals, reading a lot and interpreting the provisions of law in proper sense.
Sorry. I normally avoid such comments.
From India, Mumbai
2556Our Senior Member / Super Moderator Madhu ji has given answer to your query in very uncertain words, in very simple language. Still you are not clear on subject. You need to enhance your knowledge working under Senior Professionals, reading a lot and interpreting the provisions of law in proper sense.
Sorry. I normally avoid such comments.
From India, Mumbai
Dear Ammisetty.sudhakar,
Thank you very much for sharing this piece of Gazette of Govt. of AP.
In addition to clicking on "Appreciate and Validate" your post, I would like to quote it here so that the members will open the attachment and read it to increase their knowledge hopefully. The core activity defined therein may help us in engaging contract labours.
From India, Mumbai
Thank you very much for sharing this piece of Gazette of Govt. of AP.
In addition to clicking on "Appreciate and Validate" your post, I would like to quote it here so that the members will open the attachment and read it to increase their knowledge hopefully. The core activity defined therein may help us in engaging contract labours.
From India, Mumbai
Dear Sudhakar.
Thank you very much for sharing the Gazette Notification of Govt. of AP. I find the same very informative and useful. The notification has well defined the"Core Activities"leaving hardly any scope for the engagement of Contract labour in the state. It has covered almost all the activities where normally the Contract labour is engaged.I wish the labour deptt. of Andhra Pradesh Govt implement the notification in its true spirit.
Here I would like to give an advice to Delhi's AAP Govt. to follow the steps and amend their Delhi Contract labour Rules. I am sure not some hundreds rather thousands of Contract labour shall get relief.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Thank you very much for sharing the Gazette Notification of Govt. of AP. I find the same very informative and useful. The notification has well defined the"Core Activities"leaving hardly any scope for the engagement of Contract labour in the state. It has covered almost all the activities where normally the Contract labour is engaged.I wish the labour deptt. of Andhra Pradesh Govt implement the notification in its true spirit.
Here I would like to give an advice to Delhi's AAP Govt. to follow the steps and amend their Delhi Contract labour Rules. I am sure not some hundreds rather thousands of Contract labour shall get relief.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Madhu Sir,
As you said that we can not engage contract worker in core activities and work which is perennial in Nature. Please explain what is "Perennial in Nature." Are housekeeping and security is of a perennial in nature? Secondly, I want to ask whether we can engage contract worker in HR and Accounts Department in which we have already have some employee on company roll. Please clarify.
Regards
Dinesh Kumar
From India, New Delhi
As you said that we can not engage contract worker in core activities and work which is perennial in Nature. Please explain what is "Perennial in Nature." Are housekeeping and security is of a perennial in nature? Secondly, I want to ask whether we can engage contract worker in HR and Accounts Department in which we have already have some employee on company roll. Please clarify.
Regards
Dinesh Kumar
From India, New Delhi
Dear Dinesh Kumar,
You have asked to explain as to what is "Perennial in Nature." I suggest you to go through the Gazette Notification of Govt. of AP,which has been shared and posted by Sudhakar Sir on the ongoing thread.The notification has well defined the"Core Activities" , where the engagement of Contract labour has been prohibited in the state as the employment in those actitivities are considered the employment of perennial in nature It has covered almost all the activities where normally the Contract labour is engaged. The housekeeping and security is also included and have been treated as employment of perennial in nature.
Section 10(2) of the Act also lays down certain guidelines, which required to be kept in mind while deciding the employment of contract labour in any process, operation or other work in any establishment. The Supreme Court of India in the case of Standard Vacuum Refinery Company Vs. their workmen has observed that contract labour should not be employed where: —
(a) The work is perennial and must go on from day to day;
(b) The work is incidental to and necessary for the work of the factory;
(c) The work is sufficient to employ considerable number of whole time workmen; and
(d) The work is being done in most concerns through regular workmen..
A plain dictionary meaning of perennial employment is "lasting throughout the year or through many years". The seasonal employment or employment to clear the pending work or handle the unforeseen work for short duration etc are allowed. With regards to your second query about the engagement of contract worker in HR and Accounts Department in which you have already have some employee on company roll in cocerned, it is clarified that there is no bar for such employment as long you are fulfilling the conditions of the licence mentioned under Central Rule 25(2)(v)(a),which is as under:-
Rule 25(2)(v)(a)- in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other condition of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:
BS Kalsi
Member since Aug 2011
From India, Mumbai
You have asked to explain as to what is "Perennial in Nature." I suggest you to go through the Gazette Notification of Govt. of AP,which has been shared and posted by Sudhakar Sir on the ongoing thread.The notification has well defined the"Core Activities" , where the engagement of Contract labour has been prohibited in the state as the employment in those actitivities are considered the employment of perennial in nature It has covered almost all the activities where normally the Contract labour is engaged. The housekeeping and security is also included and have been treated as employment of perennial in nature.
Section 10(2) of the Act also lays down certain guidelines, which required to be kept in mind while deciding the employment of contract labour in any process, operation or other work in any establishment. The Supreme Court of India in the case of Standard Vacuum Refinery Company Vs. their workmen has observed that contract labour should not be employed where: —
(a) The work is perennial and must go on from day to day;
(b) The work is incidental to and necessary for the work of the factory;
(c) The work is sufficient to employ considerable number of whole time workmen; and
(d) The work is being done in most concerns through regular workmen..
A plain dictionary meaning of perennial employment is "lasting throughout the year or through many years". The seasonal employment or employment to clear the pending work or handle the unforeseen work for short duration etc are allowed. With regards to your second query about the engagement of contract worker in HR and Accounts Department in which you have already have some employee on company roll in cocerned, it is clarified that there is no bar for such employment as long you are fulfilling the conditions of the licence mentioned under Central Rule 25(2)(v)(a),which is as under:-
Rule 25(2)(v)(a)- in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other condition of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:
BS Kalsi
Member since Aug 2011
From India, Mumbai
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