hai
if a contract labour is working in a company for years together... will he continues to be seen as a contract labour ? or will he become a part of the company ?? is there any provision regarding this ???
From India, Madras
if a contract labour is working in a company for years together... will he continues to be seen as a contract labour ? or will he become a part of the company ?? is there any provision regarding this ???
From India, Madras
Hi,
Please find below few important Judgement of SC, hope helps
• Engagement of workers on contract merely as camouflage will be against the spirit of Contract Labour (R&A) Act and the workers working under different contractors for last ten years will be absorbed by principal employer.
RK. Panda v. Sleel Authority of India, (1994) 85 FLR 140: (1994) 2 LLN 378: (1994) 5 SCC 304: 1994 LLR 634: 1994 (69) FLR 256 (SC).
• Employees having completed 240 days of service and engaged through unlicensed/unregistered contractors will be deemed as employees of principal employer when the contract labour system was a sham and the contractor was only a name lender.
Secretary, Haryana State Electricity Board vs. Suresh, 1999 LIC 1323: (1999) 94 FJR 554: (1999) 1 LLJ 1086: 1999 LLR 433 (SC): 1999-1 CLR 959: 1999 (81) FLR 1016.
• The gardners engaged by a Government company through a contractor for upkeep of the parks inside the factory premises and its residential colony will be deemed as employees of the company.
Bharat Heavy Electricals Limited v. State of Uttar Pradesh & Ors., 2003 LLR 817: 2003-III LLJ 215: 2003(98) FLR 826(SC)
• The direct relationship of employer and employee between the Company and the workers of the contractor could not be frustrated on the plea that the work of the gardeners was not connected with the work of the establishment.
Bharat Heavy Electricals Limited v. State of Uttar Pradesh & Ors., 2003 LLR 817: 2003-III LLJ 215: 2003(98) FLR 826(SC)
Regards,
Sandip Saha
From India, Kolkata
19Please find below few important Judgement of SC, hope helps
• Engagement of workers on contract merely as camouflage will be against the spirit of Contract Labour (R&A) Act and the workers working under different contractors for last ten years will be absorbed by principal employer.
RK. Panda v. Sleel Authority of India, (1994) 85 FLR 140: (1994) 2 LLN 378: (1994) 5 SCC 304: 1994 LLR 634: 1994 (69) FLR 256 (SC).
• Employees having completed 240 days of service and engaged through unlicensed/unregistered contractors will be deemed as employees of principal employer when the contract labour system was a sham and the contractor was only a name lender.
Secretary, Haryana State Electricity Board vs. Suresh, 1999 LIC 1323: (1999) 94 FJR 554: (1999) 1 LLJ 1086: 1999 LLR 433 (SC): 1999-1 CLR 959: 1999 (81) FLR 1016.
• The gardners engaged by a Government company through a contractor for upkeep of the parks inside the factory premises and its residential colony will be deemed as employees of the company.
Bharat Heavy Electricals Limited v. State of Uttar Pradesh & Ors., 2003 LLR 817: 2003-III LLJ 215: 2003(98) FLR 826(SC)
• The direct relationship of employer and employee between the Company and the workers of the contractor could not be frustrated on the plea that the work of the gardeners was not connected with the work of the establishment.
Bharat Heavy Electricals Limited v. State of Uttar Pradesh & Ors., 2003 LLR 817: 2003-III LLJ 215: 2003(98) FLR 826(SC)
Regards,
Sandip Saha
From India, Kolkata
Dear Sandip Saha ji,
Thank you for quoting case laws. The tittle of the enactment i.e. Contract Labour (Regulation & Abolition) Act 1970 suggest that this enactment regulates as well abolish the the contract labours.
Members of the Forum are requested to comment on this.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
Thank you for quoting case laws. The tittle of the enactment i.e. Contract Labour (Regulation & Abolition) Act 1970 suggest that this enactment regulates as well abolish the the contract labours.
Members of the Forum are requested to comment on this.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
in andhra pradesh where a contractor engages 5 or more contract labour, d said contractor should hav a liccnce & d employer must get ir registered with appropriate govt , further d principle employer is responsible for payment of wages,& remitence of all statutory deductions like esi, pf etc, however d contract labour have no right to claim permanency in d organization belongs to d principal employer. if d employer doesn\"t hav registration & engages contract labour den there wil be a problem,ie d contract labour may become regular employes, dis is my personal opinion..
From India, Mumbai
From India, Mumbai
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip