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thomas
vs.
district
labour officer [1998(2) lln 623 hc-ker-db]
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are
headload workers, engaged under the headload workers act, the
employees of the principal employer?
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they
are not employees of the principal employer.
they are not employed but only engaged as they are not under
the exclusive service of the principal employer.
|
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secretary,
haryana electricity board
vs.
suresh
[1999(i) llj 1086 sc-db]
|
can
a contract worker deployed on a perennial job for more than 240 days
in a year demand regularisation or absorption ?
|
taking
into consideration that the principal employer (hseb) could not
produce the registration certificate or the license issued to the
contractor under the contract act, the supreme court held that the
contract is sham and ordered regularization of all contract workers
who had passed the 240 days test.
|
|
bharat
petroleum corpn
vs.
mumbai
shramik sangha jt 1998(1) sc 73 sc-db]
|
can
an appropriate government ban contract labour deployment in the staff
quarters/sports complex of an establishment under section 10 of the
act ?
|
a
two judge bench of the supreme court has held that this question needs
to be examined more closely and has recommended that this issue be
taken up for review by a constitution bench.
|
|
m.
gopal
vs.
asst.
labour ommissioner 1998
(92) fjr 224 hc-kar]
|
has the asst
labour commissioner who is the registering/licensing authority under
sections 7/12 of the cl(ra) act have the power to refuse a license
when there is no government order banning deployment of contract
labour under section 10 ?
under
what circumstances is a license not required under the cl(ra) act ?
|
the
power of the licensing authority under sections 7 & 12 are
independent of section 10.
therefore
while granting or renewing a license the asst labour commissioner can
make an enquiry and if he is satisfied that the requirement of the
principal he can refuse granting/renewal of the license for engaging
contract labour.
in
the following circumstances an employer can employ contract workers
without any restraint under the cl(RA) act:
1)
when establishment has less then 20 contract workmen.
2)
work performed is of intermittent or of casual nature.
3)
when employer is perennial and not intermittent the total days
the establishment works is less than 120 days in 12 months.
4)
or it is a seasonAL industry and works less than 60 days in a
year.
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