Practical Guide to Contract Labour (Regulation and Abolition Act)

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Description
Whilst initially in the Air India Statutory Corp. v. United Labour Union, 1997 LLR 288, the Supreme Court read the provisions of the Act liberally and held that issuance of a notification under Section 10 of the CLRA would result in the contract labourers being automatically absorbed by the principal employer, the post- modernist principle that a beneficial legislation needs to be construed liberally in favour of the class for whose benefit it is intended, does not extend to reading in the provisions of the Act what the legislature has not provided whether expressly or by necessary implication, or substituting remedy or benefits for that provided by the legislature led to its overturning. It is now well settled, by virtue of Steel Authority of India Ltd. v. National Union Water Front Workers, 2001 LLR 961, that if neither any notification under section 10(1) of the Act has been issued prohibiting the contract labour, nor there are allegations or findings that the contract is sham and bogus and/or camouflage, the principal employer cannot be directed to absorb the contract labour. This was also reaffirmed in the judgment of Kirloskar Brothers Ltd. v. Ramcharan and Ors., 2023 LLR 1.
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Contents
1.    Introductory
2.    Scheme of the Act
3.    Important Clarifications
4.    Obligations of Principal Employer/ Contractor
5.    Applicability of other Labour Laws upon Contract Labour
6.    When an Employee is a ‘Workmen’ or Not
7.    Essential Ingredients of an Agreement between Principle Employer and Contractor
8.    Model Agreements between Principle Employer and the Contractor
9.    Check-List
The Contract Labour (Regulation and Abolition) Act, 1970
    Chapter I - Preliminary
    Chapter II - The Advisory Boards
    Chapter III - Registration of Establishments Employing Contract Labour
    Chapter IV - Licensing of Contractors
    Chapter V - Welfare and Health of Contract Labour
    Chapter VI - Penalties and Procedure
    Chapter VII - Miscellaneous
The Contract Labour (Regulation and Abolition) Central Rules, 1971
    Chapter I - Rules
    Chapter II - Central Board
    Chapter III - Registration and Licensing
    Chapter IV - Appeals and Procedure
    Chapter V - Welfare and Health of Contract Labour
    Chapter VI - Wages
    Chapter VII - Registration and Records and Collections of Statistics
The Contract Labour (Regulation and Abolition) Central Rules, 1971- Construction and  Maintenance of Creches
Rules 1 - 10
Form A - B
Subject Inedx
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Author Details
H.L. Kumar :  Advocate Supreme Court of India, Editor, Labour Law Reporter
Gaurav Kumar  :  MBA., LL.M., Advocate,