Engaging Contract Labour: Learnings from Landmark Judgements
Abstract. Despite debates on its hiring, contract labour is a growing form of employment in India. Establishments usually maintain a workforce composition of both regular workers and contract labour for optimizing their available resources and ensuring financial prudence. However, in the process, they often get embroiled in compliance issues ...
Case Study on Sec 10 of The Contract Labour Act, 1970
The Hon'ble Supreme Court observed that: If the contract is found to be genuine and a prohibition notification has been issued under Section 10 (1) of the Contract Labour (Regulation & Abolition) Act, 1970, in respect of the establishment, the principal employer intending to employ regular workmen for the process, operation or other work of ...
Kartick Chandra Mahish & Ors vs Union Of India & Ors on 11 June, 2021
Section 21(4) of the 1970 Act is as follows: "In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the ...
An Overview of Contract Labour Related Laws in India
have encouraged the employment of contract labour . There has been a gradual increase in the employment of contract labour-ers in India, which is reflected in the following data: 1. Year No. of Contract Labourers. 2013-14 1967747 2014-15 1903170 2015-16 2092673. Given the increase in the engagement of contract labour, the Chief Labour
Contract Labour (Regulation & Abolition) Act, 1970
The Contract Labour (Regulation & Abolition) Act, 1970 is an essential legislature when it comes to the protection of the rights of workers who are appointed based on a contract by a contractor. However, the Act has several drawbacks which should be taken into account by the legislature and the Act should be amended accordingly.
PDF The contract labour act of 1970: Issues and concerns
The Contract Labour Act of 1970 in India is a piece of legislation that governs the employment of contract labourers in various industries. Here, are some related articles and studies that provide insight into the Act's impact and effectiveness. Contract Labour Act and its effectiveness in protecting the rights of contract labourers.
contract+labour+act
Contract Labour Act, 1970 from the month of April 2008. iv) To furnish the name of the representative official of the Principal Employer in whose presence the payment to these contract ...workers made as per the mandatory provisions of the Contract Labour Act, 1870 v) To furnish the EPF details of the contract labours/workers/operators ...
PDF J U D G M E N T
Act, 1947. Therefore, in the facts of the present case, we modify the order of the Labour Court by setting aside the direction for reinstatement and would enhance the compensation by awarding a lump sum amount. 13. The High Court had stayed reinstatement of the first respondent but no order under Section 17B of the Industrial Disputes Act was
A Study of Contract Labour Regulation and Abolition Act, 1970
The main objective of the Act was to stop the exploitation of these labouresrs and to abolish the practice of contract labour where: (a) The work is of perennial nature. (b) The work is incidental to and necessary for the work of the factory i.e. the principal activity of the industry e.g. work related to production.
Applicability of Contract Labour Act, 1970 (CLRA Act)
The Contract Labour (Regulation & Abolition) Act, 1970 ... In an important case decided by the High Court of Calcutta ... to this, he has dealt with Legal, Personnel and IR matters including Wage Settlements, Grievance Machinery, Manpower Study and Social Security Compliances for about 10 years. He is a Faculty member of Labour Law, HRD Centre ...
Steel Authority Of India Ltd. & Ors. ... vs National Union Water Front
It is further argued that where the work is of a perennial nature, sub-section (2) of Section 10 of the CLRA Act requires that the contract labour should be abolished so it would be an abuse on the part of the employer to resort to employing contract labour in such a case. Reliance is also placed on Rules 21(2), 25(2)(V)(a), 72, 73, 74-Form XII ...
The Contract Labour Act 1970: Issues and Concerns
This paper goes into the legal framework of the regulation of contract labour in India, and reviews the role of the judiciary and the executive in the enforcement of this Act. It also focuses on ...
Contract labour act in India: a pragmatic view
A contract labourer is. defined in the Act 4 as one who is hired in connection with the work. of an establishment by a principal employer (who is the firm owner or. a manager) through a contractor ...
Issues and Problems of contract Labourers in India
Government of India formulated the act of Contract Labour (Regulation and Abolition) Act, 1970, main purpose of this act provide the social securit y, safety, health, welfare measures, minimum wages,
PDF LABOUR LAW CASE SUMMARY
LABOUR LAW CASE SUMMARY ... Contract Labour (Regulation and Abolition) Act, 1970; and (c) Trade Unions Act, 1926. For the purposes of the instant part of this series, we seek to summarise the judicial decisions ... service' or a 'contract for service', the test should be the one that considers a series of factors. ...
Contract Labour (Regulation & Abolition) Act, 1970
Short title, extent, commencement and application.-. (1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970. (2) It extends to the whole of India. (3) It shall come into force' on such date- as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for ...
PDF LABOUR LAW CASE SUMMARY
LABOUR LAW CASE SUMMARY HALF-YEARLY UPDATE ... Minimum Wages Act, 1948; (c) Contract Labour (Regulation and Abolition) Act, 1970; and (d) Trade Unions Act, 1926. For Private Circulation 3 | P a g e A. Case Laws under Industrial Disputes Act, 1947 ...
Critical Analysis of The Contract Labour (Regulation and Abolishment
The prime objective of the Contract Labour (Regulation and Abolition) Act is to prevent the exploitation of contract workers and to abolish the system of contract labour in cases where: The work is perennial in nature. The work is incidental or is necessary for the functioning of the establishment. The work is of such a nature that it can ...
PDF Contract Labour Act in India: A Pragmatic View
Factories Act of 1948. Several litigations arose because of the use of contract labour in the so called „core activity‟ and a number notifications were issued prohibiting the companies to employ contract labour for some specified work. At present, an establishment is not prohibited, in general, to employ contract labour for the core activities.
Liabilities Of A Principal Employer Under The Contract Labour ...
In the case of a factory, such person would include the owner or occupier of the factory or a manager under the Factories Act, 1948. Any establishment where there were 20 or more workers employed as contract labour in any day of the preceding 12 months would be covered under the Contract Labour Act.
UGC NET Study Notes on Contract Labour (Regulation and Abolition) Act, 1970
The Contract Labour (Regulation and Abolition) Act, 1970 is an act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances.. The act extends to the whole of India.; It came into force on 10th February 1971.; Important points. 1) The Act applies to every establishment in which twenty or more workmen are employed as ...
Issues on Making Contract Labours 'Permanent' in India
This Case Study's objective is to shed light on issues related to making contract labours 'permanent' in organizations. The Government of India enacted the Contract Labour (Regulation & Abolition) Act 1970 in order to regulate establishments wherein contract labour has been employed by the contractors. The Act regulates that the contractors or ...
PDF The Contract Labour (Regulation and Abolition) Act, 1970 Arrangement of
Uttar Pradesh In section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as the principal Act, for sub-section (4) the following sub-section shall be substituted—. "(4) It applies—. or were employed on any day of the preceding twelve months as contract labour;to every contractor who employs.
COMMENTS
Abstract. Despite debates on its hiring, contract labour is a growing form of employment in India. Establishments usually maintain a workforce composition of both regular workers and contract labour for optimizing their available resources and ensuring financial prudence. However, in the process, they often get embroiled in compliance issues ...
The Hon'ble Supreme Court observed that: If the contract is found to be genuine and a prohibition notification has been issued under Section 10 (1) of the Contract Labour (Regulation & Abolition) Act, 1970, in respect of the establishment, the principal employer intending to employ regular workmen for the process, operation or other work of ...
Section 21(4) of the 1970 Act is as follows: "In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the ...
have encouraged the employment of contract labour . There has been a gradual increase in the employment of contract labour-ers in India, which is reflected in the following data: 1. Year No. of Contract Labourers. 2013-14 1967747 2014-15 1903170 2015-16 2092673. Given the increase in the engagement of contract labour, the Chief Labour
The Contract Labour (Regulation & Abolition) Act, 1970 is an essential legislature when it comes to the protection of the rights of workers who are appointed based on a contract by a contractor. However, the Act has several drawbacks which should be taken into account by the legislature and the Act should be amended accordingly.
The Contract Labour Act of 1970 in India is a piece of legislation that governs the employment of contract labourers in various industries. Here, are some related articles and studies that provide insight into the Act's impact and effectiveness. Contract Labour Act and its effectiveness in protecting the rights of contract labourers.
Contract Labour Act, 1970 from the month of April 2008. iv) To furnish the name of the representative official of the Principal Employer in whose presence the payment to these contract ...workers made as per the mandatory provisions of the Contract Labour Act, 1870 v) To furnish the EPF details of the contract labours/workers/operators ...
Act, 1947. Therefore, in the facts of the present case, we modify the order of the Labour Court by setting aside the direction for reinstatement and would enhance the compensation by awarding a lump sum amount. 13. The High Court had stayed reinstatement of the first respondent but no order under Section 17B of the Industrial Disputes Act was
The main objective of the Act was to stop the exploitation of these labouresrs and to abolish the practice of contract labour where: (a) The work is of perennial nature. (b) The work is incidental to and necessary for the work of the factory i.e. the principal activity of the industry e.g. work related to production.
The Contract Labour (Regulation & Abolition) Act, 1970 ... In an important case decided by the High Court of Calcutta ... to this, he has dealt with Legal, Personnel and IR matters including Wage Settlements, Grievance Machinery, Manpower Study and Social Security Compliances for about 10 years. He is a Faculty member of Labour Law, HRD Centre ...
It is further argued that where the work is of a perennial nature, sub-section (2) of Section 10 of the CLRA Act requires that the contract labour should be abolished so it would be an abuse on the part of the employer to resort to employing contract labour in such a case. Reliance is also placed on Rules 21(2), 25(2)(V)(a), 72, 73, 74-Form XII ...
This paper goes into the legal framework of the regulation of contract labour in India, and reviews the role of the judiciary and the executive in the enforcement of this Act. It also focuses on ...
A contract labourer is. defined in the Act 4 as one who is hired in connection with the work. of an establishment by a principal employer (who is the firm owner or. a manager) through a contractor ...
Government of India formulated the act of Contract Labour (Regulation and Abolition) Act, 1970, main purpose of this act provide the social securit y, safety, health, welfare measures, minimum wages,
LABOUR LAW CASE SUMMARY ... Contract Labour (Regulation and Abolition) Act, 1970; and (c) Trade Unions Act, 1926. For the purposes of the instant part of this series, we seek to summarise the judicial decisions ... service' or a 'contract for service', the test should be the one that considers a series of factors. ...
Short title, extent, commencement and application.-. (1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970. (2) It extends to the whole of India. (3) It shall come into force' on such date- as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for ...
LABOUR LAW CASE SUMMARY HALF-YEARLY UPDATE ... Minimum Wages Act, 1948; (c) Contract Labour (Regulation and Abolition) Act, 1970; and (d) Trade Unions Act, 1926. For Private Circulation 3 | P a g e A. Case Laws under Industrial Disputes Act, 1947 ...
The prime objective of the Contract Labour (Regulation and Abolition) Act is to prevent the exploitation of contract workers and to abolish the system of contract labour in cases where: The work is perennial in nature. The work is incidental or is necessary for the functioning of the establishment. The work is of such a nature that it can ...
Factories Act of 1948. Several litigations arose because of the use of contract labour in the so called „core activity‟ and a number notifications were issued prohibiting the companies to employ contract labour for some specified work. At present, an establishment is not prohibited, in general, to employ contract labour for the core activities.
In the case of a factory, such person would include the owner or occupier of the factory or a manager under the Factories Act, 1948. Any establishment where there were 20 or more workers employed as contract labour in any day of the preceding 12 months would be covered under the Contract Labour Act.
The Contract Labour (Regulation and Abolition) Act, 1970 is an act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances.. The act extends to the whole of India.; It came into force on 10th February 1971.; Important points. 1) The Act applies to every establishment in which twenty or more workmen are employed as ...
This Case Study's objective is to shed light on issues related to making contract labours 'permanent' in organizations. The Government of India enacted the Contract Labour (Regulation & Abolition) Act 1970 in order to regulate establishments wherein contract labour has been employed by the contractors. The Act regulates that the contractors or ...
Uttar Pradesh In section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as the principal Act, for sub-section (4) the following sub-section shall be substituted—. "(4) It applies—. or were employed on any day of the preceding twelve months as contract labour;to every contractor who employs.