Contract Work
REEBI JOSE
(Querist) 06 March 2009
This query is : Resolved
Dear Sirs,
Is there any restriction in employing contract labourers for continuous process operations under the contract labour abolition act.
Thanking you
reebi
AEJAZ AHMED
(Expert) 06 March 2009
Dear Reebi,
Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 provides for the procedure for prohibition of contract labour. Under this section, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. Before issuing such notification in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment, and other relevant factors, such as—
(a) whether process, operation or other work is incidental to or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment,
(b) whether it is of a perennial nature, that is to say, of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment,
(c) whether it is done through regular workmen in that establishment or an establishment similar thereto, and
(d) whether it is sufficient to employ considerable number of wholetime workmen.
If a question arises whether any process or operation or other work is of a perennial nature, the decision of the appropriate Government thereon shall be final.
B.B.R.Goud.
(Expert) 07 March 2009
i do agree with learned friends
REEBI JOSE
(Querist) 09 March 2009
Dear all
Thank you very much for the valuable comments.
No process in our factory has been notified by the authority under section 10.
Please also clarify whether the employer has to approach the appropriate authority for getting exemption from the said provisions of the act.
Thanking you
reebi
H. S. Thukral
(Expert) 11 March 2009
Why should you approach the appropriate government for exemption. The prohibition orders by the government are based upon subjective assesment of conditions provided in the provisions of the Act. On the contrary if you find that the order by the Government has some virus in it, you can challenge the same before the HC.
Mr. Prabhakar has raised a valid point that we should give a straight and to the point reply to the query and not the provisions of the law applicable.
PALNITKAR V.V.
(Expert) 12 March 2009
ButI think the provision of law is equally important. And in this case the query was of general nature hence, the general legal provision was given. Had the query been specific and pointed the reply would have been different. On 3.9.09 friend Rebi Jose makes it clear what is the real problem. hence, the query should be pointed so that equally pointed reply can be given.
