Dear All, Please let me know the legal opinion for construction of hotel work, we are principal employer and we have one contractor, it has two work contract at same project site, one contract was started on 20th January 2018 and they have 17 worker and second contract was started on 01st September 2018 and they have 27 worker, but still they have been not taken labor license, but now the contractor want to take labor license for both the contracts in single labor license, the nature of work for first contract is Electrical work for Basements and second contract is Electrical sub station & Electrical installation work from ground floor to 4th floor level. We have already issued Form V. So, please tell me what to do? Please let me know as soon as possible.
From India
From India
If the narrative is rightly understood, a single principal employer has entered into two separate contracts of different time schedules and stages of work with the same contractor to be carried out in the same construction project i.e., construction of a hotel complex.
Therefore, with reference to the time schedule, both are two distinctly different contracts though at some point of time or other both are simultaneously done by the same contractor.
Though the first contract work relating to electrical work of the basement was mentioned to have commenced on 20th January 2018, no mention about its completion but presumably it continues. Since the maximum no of contract labor in that work is only 17, no necessity for obtaining licence under the CLRA Act,1970.
Regarding the second work having already commenced on 1st September,2018 with 27 contract workmen,
licence should have been obtained by the contractor and notice of commencement of work should have been submitted by the PE and the contractor to the licensing officer. Since this work is still in progress, application for licence should be immediately submitted by the contractor at least now.
From India, Salem
5967Therefore, with reference to the time schedule, both are two distinctly different contracts though at some point of time or other both are simultaneously done by the same contractor.
Though the first contract work relating to electrical work of the basement was mentioned to have commenced on 20th January 2018, no mention about its completion but presumably it continues. Since the maximum no of contract labor in that work is only 17, no necessity for obtaining licence under the CLRA Act,1970.
Regarding the second work having already commenced on 1st September,2018 with 27 contract workmen,
licence should have been obtained by the contractor and notice of commencement of work should have been submitted by the PE and the contractor to the licensing officer. Since this work is still in progress, application for licence should be immediately submitted by the contractor at least now.
From India, Salem
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