Dear Mr. Soni,
Labour law is to be interpreted based on actual situation. Yr generalised question had replied. Refer to my answer of 29th. I still stand by it. Secondly, every contract lab is employee of some employer & hence covered under ID Act. But Principal employer has to comply with CL (RA)Act (Sec 21) only. Be specific about obligations of employer or PE. Hope issue is clarified. Best wishes.
From India, Mumbai
94Labour law is to be interpreted based on actual situation. Yr generalised question had replied. Refer to my answer of 29th. I still stand by it. Secondly, every contract lab is employee of some employer & hence covered under ID Act. But Principal employer has to comply with CL (RA)Act (Sec 21) only. Be specific about obligations of employer or PE. Hope issue is clarified. Best wishes.
From India, Mumbai
Sai Kumar, Nair
The industrial dispute will be raised against the principal employer or the contractor ? Can the contract worker raise an industrial dispute against the principal employer or factory ? It seem to be going against the concept or design of contract labour.
Again, can he raise industrial dispute against the contractor ? he does not come under definition of factory (his business is not a industry). Further what happens if the contractor workers are working in a commercial establishment, orin something like construction project, will the same rules apply ?
From India, Mumbai
The industrial dispute will be raised against the principal employer or the contractor ? Can the contract worker raise an industrial dispute against the principal employer or factory ? It seem to be going against the concept or design of contract labour.
Again, can he raise industrial dispute against the contractor ? he does not come under definition of factory (his business is not a industry). Further what happens if the contractor workers are working in a commercial establishment, orin something like construction project, will the same rules apply ?
From India, Mumbai
Saswatabenarjee
A contract worker has employer-employee relationship with the contractor and hence is a workman of the contractor within the meaning of Sec.2(s) of the Industrial Disputes Act and thus can raise an industrial dispute about any term of employment or conditions of service against the contractor only.The definition of industry under Sec.2(j) is so wide as not to be confined to a factory or trade but to any systematic activity carried on with the help of persons employed on wages and includes even a calling, service or profession, irrespective whether it earns profit or not.This is the essence of of Apex Court's decision in Bangalore Water Supply and Sewerage case which is the ultimate on the definition of industry.Thus a contractor's firm is also an industry under the industrial disputes Act. However, the contract workers can raise an industrial dispute about a claim -for example regularization - against the principal employer on the ground the contract is a camouflage or sham since it is only the industrial tribunal under the I.D Act that has jurisdiction to decide the nature of the contract as sham or not and the status of a person as a workman of the principal employer or not but not the Appropriate Government under Sec.10 of the Contract Labour Act.This is the essence of the Apex Court's decision in Steel authority of India Ltd & Ors V. National Union Waterfront Workers & Ors 2001 II LLJ Page 1087.
B.Saikumar
Mumbai
From India, Mumbai
A contract worker has employer-employee relationship with the contractor and hence is a workman of the contractor within the meaning of Sec.2(s) of the Industrial Disputes Act and thus can raise an industrial dispute about any term of employment or conditions of service against the contractor only.The definition of industry under Sec.2(j) is so wide as not to be confined to a factory or trade but to any systematic activity carried on with the help of persons employed on wages and includes even a calling, service or profession, irrespective whether it earns profit or not.This is the essence of of Apex Court's decision in Bangalore Water Supply and Sewerage case which is the ultimate on the definition of industry.Thus a contractor's firm is also an industry under the industrial disputes Act. However, the contract workers can raise an industrial dispute about a claim -for example regularization - against the principal employer on the ground the contract is a camouflage or sham since it is only the industrial tribunal under the I.D Act that has jurisdiction to decide the nature of the contract as sham or not and the status of a person as a workman of the principal employer or not but not the Appropriate Government under Sec.10 of the Contract Labour Act.This is the essence of the Apex Court's decision in Steel authority of India Ltd & Ors V. National Union Waterfront Workers & Ors 2001 II LLJ Page 1087.
B.Saikumar
Mumbai
From India, Mumbai
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