THE CONTRACT LABOUR

Animesh
-
(REGULATION AND
ABOLITION) ACT 1970 Kumar
 INTRODUCTION
In India Contract Labours are protected by Contract Labour (Regulation
and Abolition Act) 1970

S. 2 (B): A contract Labor is defined as one who hired in connection with

the work of an establishment by a principal employer through a
contractor

S.2 (C): While a contractor is the supplier of contract labor for the
organization; a principal employer is the person responsible for the control
of the establishment.
BHARAT HEAVY
ELECTRICALS LTD. VS.
MAHENDRA PRASAD AND
ORS.
-Facts : BHEL2019
entered into agreement with a contractor engaged in a
contract labour in its factory in Haridar
-Issues: Employment of Certain contract labourers was terminated by
BHEL following which the contract laborers approached Labour Court at
Haridwar seeking reinstatement
-Labour Court and High Court ( upheld) in favor of Contract Labours
Supreme Court judgement with the precedent Bengal Nagpur Cotton Mills
Vs. Bharat Lala and Another
a. Principal employer pays salary
b. Principal employer controls and supervises
CONTD. WITH THE CASE
STUDY
International Airport
Control and Supervision :
Authority of India Vs. International Air Cargo
a. Salary paid by the contractor
b. Regulation of employment by contractor
c. Ultimate supervision and control lies with the contractor
Contract labours were paid salaries by a the contractor and not BHEL
so they can’t be reinstated
 CATEGORIES OF WORK IN WHICH
EMPLOYMENT OF CONTRACT LABOUR HAS
BEEN PROHIBITED BY THE CENTRAL GOVT.
Coal Mines / Railways
Iron-Ore Mines
Limestone Dolomite and Manganese Mines
Coal – Waseries
Chromite Mines
Magnesite Mines
Gypsum Mines
Depots of FCI
THE ADVISORY BOARDS
Central Advisory Boards : (S.3)
It Consists of :-
a. A Chairman to be appointed by the central govt.
b. The chief Labor commissioner ex officio;
c. Members from the govt. – Not exceeding 17 and not less
than 11 from the Railways, The Coal Industry, the Mining
Industry the contractors the workmen and any other
interest which in opinion of the central board shall be
represented.
STATE ADVISORY BOARD
(S.4)
State govt. may constitute a board to be called as the state
advisory contract labour board to advise the state govt. on
such matters
State Board Comprises of :
-A chairman
-The Labor Commissioner
-Nine to Eleven members from the industry, contractors and
the workmen which the state govt. ought to represent
REGISTRATION OF CONTRACT
LABOUR (S.6): APPOINTMENT OF
REGISTERING OFFICERS
-Appointment of Registering officers
a. Appoint such persons
b. Define the limits under which he can exercise the powers

- S.7: Registration of Certain Establishment : Principal Employer via

official Gazette through the Registration Officer
-Registration Fee varies from Rs. 20 to Rs. 500 related to the workmen
employed
-Certificate of Registration is issued and can be revoked also if required
LICENSING OF
CONTRACTORS
- Appointment of Licensing Officers (S.11)
- Licensing of Contractors S.12 (1) Hours of Work; Fixation of wages;
Padam Prasad Jain Vs. State of Bihar 1978 : Undertaking or executing
any work through the contract labour without a license therefore
constitute a fresh offence every day
- Grant of License : Location of Work; Nature of processes
-Revocation, Suspension and Amendment of Licenses :
Misrepresentation of the facts ; failed to comply with conditions
WELFARE AND HEALTH OF
CONTRACT LABOR
S. 16: Canteens / Adequate numbers required from a particular date
S. 17: Rest Rooms : Comfortable Condition / Clean/ Sufficient Lights
S. 18 : Other Facilities : Sufficient Supply of Drinking Water
S.19 First Aid facilities
S.20 Liability of Principal Employer in certain cases : If contractor
doesn’t fulfils then the principal employer have to look into and provide
those amenities
People’s Union for Democratic Rights Vs. Union of India (1982) Govt. is
responsible if you are not able to provide amenities
 PENALTIES AND
PROSECUTION
-No Court shall take cognizance of any offence except on a complaint mode with sanction in
writing of Inspector and no court inferior to that of a Presidency Magistrate or a Magistrate of
the first class try and offence punishable under this act (S. 26).
-IPC 1860 (S. 175 and 176)
-CrPC 1898 Section 98 for search seizure
Registers and other Records to be maintained (S.29)
1. Nature of Work
2. Rates of Wages
3. Hours of Work