Sir,
Our organization X working with Y (PE) and we got three separate PO for work, all are in a within single plant premises, I have a contract license and wc policy of 500 heads could we go for separate license and policy For each separate job if all the manpower within 500.
Kindly advice with reference of any circular if having.
Mahesh
From India, Delhi
3Our organization X working with Y (PE) and we got three separate PO for work, all are in a within single plant premises, I have a contract license and wc policy of 500 heads could we go for separate license and policy For each separate job if all the manpower within 500.
Kindly advice with reference of any circular if having.
Mahesh
From India, Delhi
Dear MAHESH,
I am not sure what you exactly mean by " excepting comment from any senior member, pl clear my doubts" as mentioned in your later post. Is it that your doubts shall be cleared except comment from any senior member? or you are expecting comment from any senior member for clearing your doubts? Anyway, let me answer to the extent of my limited knowledge and understanding of the Contract Labour ( Regulation and Abolition ) Act, 1970. Registration of Principal Employer under the Act is establishment-specific and licencing of Contractor is work-specific. In other words, a licence granted in respect of a contract work in a particular establishment is valid for a maximum period of 12 months or till the completion of the particular work whichever is earlier. Similarly, the licence granted is only with reference to the maximum number of workmen likely to be employed in that work as contract labour and not with specific reference to particular contract labour. Same or similar is the condition of the W.C Insurance Policy taken. In other words, both the licence and the W.C policy are unnamed documents in respect of the contract labour employed in that particular contract work. So, inter-changing of contract workmen among the various contract works within the same establishment will be permissible subject to taking up of separate licence and W.C Policy for each work and making appropriate entries then and there in the connected documents prescribed.
From India, Salem
I am not sure what you exactly mean by " excepting comment from any senior member, pl clear my doubts" as mentioned in your later post. Is it that your doubts shall be cleared except comment from any senior member? or you are expecting comment from any senior member for clearing your doubts? Anyway, let me answer to the extent of my limited knowledge and understanding of the Contract Labour ( Regulation and Abolition ) Act, 1970. Registration of Principal Employer under the Act is establishment-specific and licencing of Contractor is work-specific. In other words, a licence granted in respect of a contract work in a particular establishment is valid for a maximum period of 12 months or till the completion of the particular work whichever is earlier. Similarly, the licence granted is only with reference to the maximum number of workmen likely to be employed in that work as contract labour and not with specific reference to particular contract labour. Same or similar is the condition of the W.C Insurance Policy taken. In other words, both the licence and the W.C policy are unnamed documents in respect of the contract labour employed in that particular contract work. So, inter-changing of contract workmen among the various contract works within the same establishment will be permissible subject to taking up of separate licence and W.C Policy for each work and making appropriate entries then and there in the connected documents prescribed.
From India, Salem
Sir, it becomes spelling mistake, sorry.
If our organization having three separate purchase order in a single plant premises with same principle employer and the strength of all three project be maximum 350 while initially we have taken 500 nos contract labour license and WC Policy, whether we have to go for separate Contract labour license and WC policy, please describe in details (any circular / book reference or contract labour law section ) because our management told when we work all three jobs in a single premises and single principle employer and the strength be also within the license limit hence not necessary to go for separate license and policy, sir herewith request you to provide the reference if we have to go for separate license and policy for each separate job even though it would be same PE and one premises.
writer need the approval from management with support of your reference.
Mahesh Prasad Gupta
9009992804
From India, Delhi
If our organization having three separate purchase order in a single plant premises with same principle employer and the strength of all three project be maximum 350 while initially we have taken 500 nos contract labour license and WC Policy, whether we have to go for separate Contract labour license and WC policy, please describe in details (any circular / book reference or contract labour law section ) because our management told when we work all three jobs in a single premises and single principle employer and the strength be also within the license limit hence not necessary to go for separate license and policy, sir herewith request you to provide the reference if we have to go for separate license and policy for each separate job even though it would be same PE and one premises.
writer need the approval from management with support of your reference.
Mahesh Prasad Gupta
9009992804
From India, Delhi
Umakanthan.M Sir, Please advice, your support will help me to get the approval from management. Regards Mahesh Prasad Gupta
From India, Delhi
From India, Delhi
Dear Mahesh Prasad Gupta,
Interpretation of the provisions of any Law and the Rules made thereunder should not be on the basis of practical convenience and pecuniary advantage of a person who is licenced to carry out certain act regulated by the particular Law. You know pretty well that the objective and purpose of the Contract Labour(Regulation & Abolition) Act,1970 is to abolish contract labour in industrial establishments in the first place and wherever it is not practically possible at least to regulate it to ensure economic and social justice to the unfortunate section of working class which has been denied equal wages for equal work, continuity of employment and left in the lurch of identity crisis in repect of their means of livelihood. That's why there is an enabling provision u/s 10 of the Act to prohibit contract labour in "any process, operation or other work in any establishment". The term " Establishment" as defined under the Act covers the place from which its activities in the nature of any industry,trade, business, manufacture or occupation is controlled as well as the places where it is carried on. Any activity as a whole in the nature of industry, trade, business, manufacture or occupation again comprises of divisible and distinct components such as process,operation or other work. Therefore, in the case of an establishment having registered as a Principal Employer under the Act, there can be certain specific process or operation or work in which engagement of contract labour is prohibited and as such no licence could be granted to a contractor in respect of that work. Pl see rule 21 read with Form-III and rule 22 read with Form-IV of the CLRA Central Rules,1971 or similar State CLRA Rules which are mostly the replica of the Central Rules and you will find that the Contractor's licence is only work-specific like I said in my earlier post. Similarly, the insurance policy under WC is also work-specific. Strictly speaking, the particular Contractor's License taken in respect of a particular establishment for a certain specified number of contract workmen can not be a blanket permission to engage them in every work of the establishment by rotation whenever the necessity arises within the period of licence. So, my suggestion would be taking separate licence for each item of contract work in respect of the same establishment at least in future.
From India, Salem
Interpretation of the provisions of any Law and the Rules made thereunder should not be on the basis of practical convenience and pecuniary advantage of a person who is licenced to carry out certain act regulated by the particular Law. You know pretty well that the objective and purpose of the Contract Labour(Regulation & Abolition) Act,1970 is to abolish contract labour in industrial establishments in the first place and wherever it is not practically possible at least to regulate it to ensure economic and social justice to the unfortunate section of working class which has been denied equal wages for equal work, continuity of employment and left in the lurch of identity crisis in repect of their means of livelihood. That's why there is an enabling provision u/s 10 of the Act to prohibit contract labour in "any process, operation or other work in any establishment". The term " Establishment" as defined under the Act covers the place from which its activities in the nature of any industry,trade, business, manufacture or occupation is controlled as well as the places where it is carried on. Any activity as a whole in the nature of industry, trade, business, manufacture or occupation again comprises of divisible and distinct components such as process,operation or other work. Therefore, in the case of an establishment having registered as a Principal Employer under the Act, there can be certain specific process or operation or work in which engagement of contract labour is prohibited and as such no licence could be granted to a contractor in respect of that work. Pl see rule 21 read with Form-III and rule 22 read with Form-IV of the CLRA Central Rules,1971 or similar State CLRA Rules which are mostly the replica of the Central Rules and you will find that the Contractor's licence is only work-specific like I said in my earlier post. Similarly, the insurance policy under WC is also work-specific. Strictly speaking, the particular Contractor's License taken in respect of a particular establishment for a certain specified number of contract workmen can not be a blanket permission to engage them in every work of the establishment by rotation whenever the necessity arises within the period of licence. So, my suggestion would be taking separate licence for each item of contract work in respect of the same establishment at least in future.
From India, Salem
Umakanthan.M Sir, when writer applied for Form-5 to PE, then PE told not required another CLL because you have already having CLL with existing job and the new job having within premises, only they advice us your strength should not cross the license limit. Further writer applied for separate WC Policy for the new job.
Kindly advice if any you think as per CL Act / Factory Act.
Regards,
Mahesh Prasad Gupta
From India, Delhi
Kindly advice if any you think as per CL Act / Factory Act.
Regards,
Mahesh Prasad Gupta
From India, Delhi
Taking licence under the Factories Act is the responsibility of the PE; under the CLA it is of the contractor. But your PE's view seems to me incorrect. The Enforcement AUTHORITY can take a different view. If there is no problem, then it is o.k.
From India, Salem
From India, Salem
Umakanthan.M sir,
Finaly writer have convince to our management and P.E. and they agree with us and issued Form-V for new license under CLA.
Sir one more having my doubt can we maintaining the compliance under CLA, BOCW, MWA, FA etc in soft copy in place of compliances register, is it allow to do with a permission from ALC concern.
Request your valuable advice.
From India, Delhi
Finaly writer have convince to our management and P.E. and they agree with us and issued Form-V for new license under CLA.
Sir one more having my doubt can we maintaining the compliance under CLA, BOCW, MWA, FA etc in soft copy in place of compliances register, is it allow to do with a permission from ALC concern.
Request your valuable advice.
From India, Delhi
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