Respected sir, Please advice on the following doubts:
1. 50 other state workmen on regular rolls have been working with our establishment, in Telangana is it required to register my establishment under ISMW act 1979
2. One of the Contractors has 20 contract workmen of Andhra Pradesh, Jharkhand, Bihar, Odisha. But the contract has not recruited from the states, as they approached him from neighboring industries and submitted their applications. Based requirement h has engaged them. In this scenario, the contractor needs to obtain licenses from all the states
3. How can we answer to authority during the inspection
Kindly advise me pls.
From India, Nizamabad
81. 50 other state workmen on regular rolls have been working with our establishment, in Telangana is it required to register my establishment under ISMW act 1979
2. One of the Contractors has 20 contract workmen of Andhra Pradesh, Jharkhand, Bihar, Odisha. But the contract has not recruited from the states, as they approached him from neighboring industries and submitted their applications. Based requirement h has engaged them. In this scenario, the contractor needs to obtain licenses from all the states
3. How can we answer to authority during the inspection
Kindly advise me pls.
From India, Nizamabad
If analysed strictly in the back drop of the definition of the term " interstate migrant workman " u/s 2(e) of the Interstate Migrant Workmen Act, 1979, no regular workman working in any establishment situated in a state other than his home state would be an ISM workman.
Similarly, the mere presence of an intermediary viz the contractor in between the workman of one state and the employer of the other state cannot determine the migrant character unless the feature of recruitment under an agreement or other arrangement for employment is present. For instance, if a workman on his own migrates to another state for employment and meets a contractor and the contractor engages him in any one of his contract works, the feature of migration for employment solely in a particular establishment is not there and also his employment conditions are regulated under the provisions of the CLRA Act, 1970.
Therefore, in my opinion, such workmen of other states already moved to some other state and getting enrolled under a contractor on their own volition and by virtue of this enrollment deputed to any establishment in the state where the contractor has a work contract cannot be deemed as ISMW.
From India, Salem
Similarly, the mere presence of an intermediary viz the contractor in between the workman of one state and the employer of the other state cannot determine the migrant character unless the feature of recruitment under an agreement or other arrangement for employment is present. For instance, if a workman on his own migrates to another state for employment and meets a contractor and the contractor engages him in any one of his contract works, the feature of migration for employment solely in a particular establishment is not there and also his employment conditions are regulated under the provisions of the CLRA Act, 1970.
Therefore, in my opinion, such workmen of other states already moved to some other state and getting enrolled under a contractor on their own volition and by virtue of this enrollment deputed to any establishment in the state where the contractor has a work contract cannot be deemed as ISMW.
From India, Salem
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Interstate Migrant Workmen (Central) Act, 1979.pdf
Amendment to Payment of Bonus Act 2015.jpg