Contract license under clra 1970
sambasivakamasani
(Querist) 26 December 2013
This query is : Resolved
Principal Employer recommended and obtained license by Principal Contractor. Principal Contractor engaged 8 or 9 sub contractors. Sub contractors are not covered in the license obtained license by Principal Contractor. Now it is more than 5 years sub contractors are supplying labour fore more than 20 labour. What action we can demand against PE, PC and Sub Contractor. What protection and rights we can raise on behalf of the sub contract workers. Pl. mail sambasivakamasani@gmail.com
Devajyoti Barman
(Expert) 26 December 2013
First disclose what are your grievances against such practice.
Principle of vicarious liability applies here.
ajay sethi
(Expert) 26 December 2013
employer wants to save costs . principal remedy is gainst sub contractor who employed you . sub contractor is liable to pay your dues
Adv. Chandrasekhar
(Expert) 26 December 2013
1. File a petition before contract Labour Advisory Board for abolition of contract labour system in the organization on the ground that the job is permanent and perennial in nature.
2. File an industrial dispute through Assistant Labour Commissioner claiming regularization of services on the ground that it is a sham contract to deprive the contract labour of their legitimate dues.
In the above only one case will withstand and the other case will fall down depending upon the facts of the nature of the jobs those workers are rendering. But you must file those above two cases.
3. If in the organization, some permanent workers of PE are working and doing the same type of jobs, you have to file a petition before the Deputy Chief Labour Commissioner (C) under Rule 25 for "equal wages for equal work".
Rajendra K Goyal
(Expert) 26 December 2013
well advised by the experts raise Industrial Dispute and also act as advised..
T. Kalaiselvan, Advocate
(Expert) 26 December 2013
I endorse learned Advocate Mr. Chandrasekar's opinion in this aspect. This advise if followed will be sufficient for the present.
