CiteTEXT
...Yogeshwar Dayal, J.— These appeals raise a question of the scope and effect of failure of compliance with Section 7 and/or Section 12 of the Contract ...or by the contractor in complying with Section 12 of the Act is that they are liable for prosecution under the Act; whereas the view of the High Courts of Madras, Bombay, Gujarat and Karn...is sufficient to employ considerable number of wholetime workmen.”10. Chapter IV deals with the licensing of contractors. Sub-section (1) of Section 12 states that w.e....
...contractors. We would in particular invite the attention of Shri Walter Fernandes, Shri Alfred D'Souza and Shri Das Gupta to Sections 16, 17, 18, 19, 20 and 21 of the Contract Labour (Regulation and Abolition) ...provisions of the Contract Labour (Regulation and Abolition) Act, 1970, the Minimum Wages Act, 1948, the Equal Remuneration Act, 1976, the Employment of Children Act, 1938 and th...and conveniences which are required to be provided under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Inter-State Migrant Workmen (Regulation of Employment and...
...employer of any establishment, who is required to secure a registration certificate under Section 7 of the Contract Labour Act fails to do so or its registration certif...Contract Labour Act provides that no contractor shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. The...the Contract Labour Act is in the following terms:
"Section 12. Licensing of contractors...
...) what is the true and correct import of the expression “appropriate Government” as defined in clause (a) of sub-section (1) of Section 2 of the CLRA Act;...Air India case (1997) 9 SCC 377 came to be decided by a three-Judge Bench of this Court. Air India Corporation engaged contract labour for sweeping, cleaning, d...Contract Labour (Regulation and Abolition) Act, 1970, dated 9-12-1976. The main contention against the validity of the notification is that an omnibus notification like the impugned notification would be c...
...2nd respondent to accept the petition presented before this Court as the petition submitted by the petitioner Union raising an industrial dispute in terms of Section 2(k) read with Section 12(1) of the ID ...State Government having not issued any notification prohibiting employment of contract labour in terms of Section 10 of the 1970 Act, the workmen did not have any legal right to claim abs...other provision in the Act, whether expressly or by necessary implication, provides for automatic absorption of contract labour on issuing a notification by the appropriate Government under sub-section (1...
...section 7 of the Contract Labour Act fails to do so or its registration certificate is revoked under section 8 of the Contract ...the Contract Labour Act provides that no contractor shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licencing...require the contractor to reimburse him. 12. Section 29 of the Contract Labour Act, which is in the following terms, inter alia provides that the principal employer shal...
...contended that IAAI had no valid registration of its establishment under Section 7 of the CLRA Act and therefore the contract labour, namely, the workers employed by the Society should be treated ...Section 9-A of the ID Act does not arise.Third finding52. The third finding is that the contracts dated 1-7-1986, 14-7-1986 and 11-12-1987 between the So...jurisdiction of the appropriate Government under Section 10 of the Act arises only where the labour contract is genuine and the question whether the contract is genuine or not can be exam...
...as being ineligible for want of a valid Contract Labour License under Section 12 of the said the Contract Labour (Regulation and Abolition) Act, 1970 and as required und...shall not be issued, shall operate for a period of five weeks from today.
8. Parties to act upon an authenticated copy of this order....1. Rule. Rule made returnable forthwith. By consent of counsel for the parties and at their request, petition is heard finally.
2. By this Petition filed under Article 226...
...business of providing security services through contract labour for various companies and individuals. It maintains officers and workmen to render, inter alia, security services to various establishments and individuals. Re...Labour, Andhra Pradesh, whose decision shall be final.”12. The fourth respondent has, in the present case, obtained a licence under Section 12(1) of the ....7. Under Chapter V of the Contract Labour (Regulation and Abolition) Act, 1970, dealing with “Welfare and Health of Contract Labour”, Section 16 provi...
...are correct and whether the Central Government under Sections 10(1) and 10(2) of the Act can by notification prohibit contract labour doing the work of cleaning, sweeping, etc. at the residential premises ...under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 (Act 37 of 1970) (hereinafter called “the Act”), abolishing contract labour an....2. The point therefore is whether the words “in any establishment” in Section 10 of the Act, which section deals with abolition of contract labour can take in...
...recommendation and in consultation with the Central Advisory Board constituted under Section 10(1) of the Act, issued a notification on 9-12-1976 prohibiting “employment of contract ...(1995) 5 SCC 27, being of the coordinate Bench, appears to have softened the rough edges of Dena Nath (1992) 1 SCC 695 ratio. The object of the Act is...overruled. Moreover, the Bombay High Court has correctly held that the High Court under Article 226 of the Constitution would direct the principal employer to absorb the contract labour, after its abolition, even though som...
...clause (c) of Section 2 of the Contract Labour Act. The Court therefore by its interim judgment directed the Central Government as the enforcing authority to take immediate steps for ensuring that...piece-wagers. This letter pointed out that the Engineers-in-Charge of the National Hydro-Electric Power Corporation were already registered under the Contract Labour Act and pursuant to the directions given by the ...-contractors or piece-wagers had already applied for licence under Section 12 sub-section (1) of the Contract Labour Act and those sub-contractors or piece-wagers to whom the provisions ...
...) of SM Express Limited for offence under section 12(1) read with section 23 of the contract labour (Regulation and Abolition) act 1970.6. In C...accused is liable for the breach of rule under 12(1) r/w section 23 of the Contract Labour (Regulation and Abolition)...the order of the Learned Magistrate in C.C.No.4672 of 2004 acquitting one Krishna Kumar of Avon Solutions for offence under section 12(1) read with section 23 ...
...section 12 of the Contract Labour Regulation and Abolition Act, 1972. A bare reading of sub-...before undertaking or executing any work through a contract labour. If sub-section (1) of Section 12 of the Act of 1972 is read...under:“LABOUR SUPERINTENDENT OFFICE SAMASTIPURTo whom it may concern,“Licence has been issued under contract Labour Act 1970 after Work order issued by...
.... The petitioners had been ignoring the guidelines to engage such employees through contract labour system. It is also admitted that subsequently, from 26.9.2002 to 31.3.2006, respondent No. 1 was engaged through un-licensed contrac...respondent No. 1 in this case was time barred, as it was filed after more than 5 years of the date, when she was engaged through unauthorised contract labour.Undisputedly, the...SATISH KUMAR MITTAL, J.The Union of India and its Officers have filed the instant writ petition praying for quashing of the order dated 28.3.2012 (Annexure P-1), passed by...
...given result for the establishment through contract labour or through contractor who supply contract labour for any work of the establishment for the principal employer and in case if the aforesaid conditi...23 read with 24 of the Contract Labour (Regulation and Abolition) Act, 1970 is without any authority of law and is devoid of jurisdiction.The learned counsel for the respo...Labour Enforcement Officer and also to show cause as to why legal action under Section 23 and/or 24 of the Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter referred as the said “...
...respondents herein that there had been a violation of Section 12 of the Contract Labour (Regulation and Abolition) ...inasmuch as only such persons can be treated as a labour contractor who possesses a license for such purpose. The so called contract system as such was a mere camouflage. Towards redressal of...Minimum Wages Act as also the full pay and allowances liable to be paid to the regular employees. It was also the precise grievance of the private...
...certificate under section 7 of the contract labour (regulation & abolition) act, 1970 fails to do so or his registration certificate is revoked under section 8 of the ...contract labour (regulation & abolition) act, 1970 provides that no contract shall undertake or execute any work though contract labour except under and in accordance with a licence issued in ...under Section 12 of the Act from the competent authority appointed by the Central Government. Thus, every worker who worked for the principal on such date to whom the provisions of the contract ...
...The respondent is registered with Central Labour Commissioner under section 12 of Contract Labour (Regulat...was not sustainable as there is no evidence of suppression and that the recovery had not been proposed under the appropriate provisions of the Finance Act, 1994.2. Heard Learned...circumstances. The claim of the respondent that they are not engaged in the business of providing ‘security agency service’ merely because they are registered under relevant labour law does not stand...
...certificate contemplated under Clause-7 of the NIT would be a labour licence as contemplated under Section 12 of the Contract Labour (Regulation and Abolition) Act 1970, in short...that behalf by the licensing officer. Rule 21 of the Contract Labour (Regulation and Abolition) Assam Rules, 1971 provides the procedure for grant of a licence contemplated under ...in his establishment. Going by the aforesaid provision of Section 12 of the Act of 1970 and Rule 21, read with the contents of Form-IV and V of Assam ...