Hi Every one, Iam Pradeep Manda, Iam a HR For a Construction Company. My company is into a joint venture with other company for that what are formalities are there to take a Labour license
From India, Hyderabad
From India, Hyderabad
363
i need to get labour license for CL R & A act 1970 from state government and central government we have jv with two other company for one project aou principal employer has issued a form 5 to jv can i jv issue form 5 to our company
for getting labour license, the principal employer has to take the labour registration and the sub contractor can take the labour license. If the work is under the jurisdiction of central govt. or central govt. owned companies, you have to take the registration with central labour commissioner. Otherwise you can contact District Labour Officer. Form 5 can be issued only after getting the registration.
but our principal employer has issue a form 5 to join venture wherib 3 company (including mine) is involved in such cases how can i apply for licence under Cl R & A 1970 and bOCW Registration , by applying through jv or can the jv isse separate form 5 to all 3 involved company so that aal company can take individual license
My understanding is You want to form a JV for a project with some other entities for working as a vendor Jointly for an establishment and the Contract is between you and the establishment.
As far as CLRA is concerned, there is no difference between Contractor and Subcontrctor, The Supreme Court has observed the position in Gammon India Ltd. and Ors. v Union of India (UOI) and Ors,thecourt has put the contractor and sub-contractor on the same pedestal qua the establishment, in terms of the CLRA Act They are both doing the work of the establishment, and therefore Form-V has to be issued by the Principal Employer.
Now comes the practical difficulty Some of licensing officers ask for the contract between the Sub-Contractor and the Principle Employer to understand the particulars relevant to employment of the Contract Labour along with Form V, it is not practically tenable. The only way is to attach your JV/subcontracting document along with the original contract plus form v and request the officer to accept the same.
From India, Jamshedpur
As far as CLRA is concerned, there is no difference between Contractor and Subcontrctor, The Supreme Court has observed the position in Gammon India Ltd. and Ors. v Union of India (UOI) and Ors,thecourt has put the contractor and sub-contractor on the same pedestal qua the establishment, in terms of the CLRA Act They are both doing the work of the establishment, and therefore Form-V has to be issued by the Principal Employer.
Now comes the practical difficulty Some of licensing officers ask for the contract between the Sub-Contractor and the Principle Employer to understand the particulars relevant to employment of the Contract Labour along with Form V, it is not practically tenable. The only way is to attach your JV/subcontracting document along with the original contract plus form v and request the officer to accept the same.
From India, Jamshedpur
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