Contract Labour (Regulation & Abolition) Act, 1970
Mshivaramprasad
(Querist) 11 December 2010
This query is : Resolved
Dear Sir,
What happens if any establishment, whether in Public Sector or Private Sector, engages contract labour in a job though the specific job in a specified establishment is prohibited under provisions of Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970? What will the expected result of the prosecution conducted on the issue in case it is proved to be true?
Can you provide a recent complete case details along with the final outcome of prosecution.
This questions are asked out of curiosity to know the law.
Thank you
Ahmed Daud Girach
(Expert) 15 December 2010
Sec.10 procceding are lenthy and cumbersom.Whether Sec.10 notification is issued in Government Gazette for particular process or work?If yes then only those officer who know the content of notification and eventhough allowed worked there are responsible.The Directors or chairman who have appointed competent officer to manage affairs will be responsible Chairman /directors will be responsible only if know that compliance is not done.Mens rea i.e.knowledge of offence is must in criminal proceedings if it is not there accused is not liable.