sangram (service) 23 January 2009

Finding case law

As per contract labour act,1972 if employee completes 240 days of his employment he will be entitled for permanency. but if he is working under subcontract in any establishment and completes his 240 days, then he will be considered permanent employee of contractor, is it correct assumption? can some one has any case law on it? Regards, Sangram

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sangram (service) 24 January 2009

Dear Mr.Prabhakar,

Thanks for the prompt reply.

if we appointed a contractor in our establishment who has valid contract labour license. the worker starts working in our establishment under his contract. if one of his labour completes his 240 days in our establishment. Then who will be held liable to make him permenant. (i.e. our establishment or contractor)

(Because as per Industrial Employment (Standing Orders) Act, 1946 the workmen deemed to be permenant if he complets 240 day of continuous service in establishment)

Regards,

Sangram