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Judgment Search Results Home  Phrase:contract labour regulation and abolition act 1970 section 21

Sep 03 1996

Hindustan Steel Works Construction Ltd. Vs. Commissioner of Labour and ...

  • Decided on : 03-Sep-1996

Court : Supreme Court of India

Reported in : 1996VIAD(SC)747; JT1996(7)SC592; 1996LabIC2520; (1997)ILLJ656SC; 1996(6)SCALE346; (1996)10SCC599; [1996]Supp5SCR447; 1997(1)SLJ207(SC); 1997(1)LC115(SC)

... Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970. The contractor cannot recover any such additional amount from the principal employer under Section 21(4). Significantly, in the present proceedings the workers are not a party at all. It is the contractor who sought to quash a finding given by the Commissioner of Labour under the proviso to Rule 25(v)(a) of the Andhra Pradesh Contract Labour (Regulation and Abolition ... Section 21(4) has no application to a situation where a contractor may have paid the wages but has not complied with the condition imposed by Rule 25(v)(a) of the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971. The definition of wages under Section 2 of Contract Labour (Regulation and Abolition) Act, 1970 read with the definition of wages under the Payment of Wages Act ... Labour, Andhra Pradesh, whose decision shall be final. 12. The 4th respondent has, in the present case, obtained a licence under Section 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970 in accordance with the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971. The 4th respondent had applied for a licence under Rule 21 ...

Jan 18 2006

Chand Chhap Fertilizer and Chemicals Limited (Formerly known as ICI In ...

  • Decided on : 18-Jan-2006

Court : Allahabad

Reported in : 2006(3)AWC2254; [2006(109)FLR666]; (2006)IILLJ1100All

... Section 21 of the Contract Labour (Regulation & Abolition) Act, 1970 and is confined to wages which are contracted. It does not extend to entertain disputed claims between the contractor and its workmen.14. In support of all his arguments, learned counsel for the petitioner has relied on a decision of the Hon'ble Supreme court rendered in the case of Hindustan Steel Works Construction Ltd. v. The Commissioner of Labour ... , the principal employer had engaged one contractor by the name of M/s. Saran Engineering Works, who was a duly licensed contractor under the provisions of Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970 thereinafter referred to as the Act, 1970).4. The respondent No. 3 and 4 moved an application under Rule 25(2}(v)(a) of the Rules, 1975 to the authority claiming that they ... 'ble Supreme court rendered in the case of Hindustan Steel Works Construction Ltd. v. The Commissioner of Labour and Ors. reported in 1996(74) FLR 2151 wherein the Hon'ble Supreme Court while interpreting the Rule 25(v)(a) of the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971, which are similar to the Rules, 1971, has laid down that the said Rules are ... Bharati Sapru, J.1. The present petition arises out of proceedings under Rule 25(2)(v)(a) of the U.P. Contract Labour (Regulation and Abolition) Rules, 1975 (hereinafter referred to as the Rules, 1975}.2. By the impugned order dated 7.1.1994 passed in case No. 32 of 1990 (Annexure 8 to the writ ...

Jan 24 2006

Steel Authority of India Limited and Anr. Vs. Authority under the Mini ...

  • Decided on : 24-Jan-2006

Court : Madhya Pradesh

Reported in : [2006(111)FLR774]; 2006(3)MPLJ417

... Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act, 1970') prohibiting 'contract labour' in such mines. The effect and validity of the notification came for consideration before the Supreme Court in the case of Air India Statutory Corporation v. United Labour Union : (1997)ILLJ1113SC wherein it was held that as a consequence of abolition of contract labour ... Contract Labour (Regulation and Abolition) Service Rules, 1971 (hereinafter referred to as 'Rules 1971') it is provided that workmen employed by the contractor shall be paid the same wages as the workmen directly employed by the principal employer if the nature of work is similar thus making the NJCS rates applicable to contract labourers. The authority then relies upon Section 21(4) of the Act 1970 ... Labour. The contractors are required to pay wages as per the Minimum Wages Act, 1948 (hereinafter referred to as 'the Act, 1948').3. The Government of India issued a notification dated March 17, 1993 under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act, 1970') prohibiting 'contract labour ...

Apr 13 2005

All India Trade Union Congress and Ors. Vs. The State of Karnataka and ...

  • Decided on : 13-Apr-2005

Court : Karnataka

Reported in : ILR2005KAR3052; 2005(5)KarLJ414; (2006)ILLJ344Kant

... Contract Labour Regulation and Abolition Act and it became the law w.e.f. 7-9-1970.Objects of the Act21. The object of the Act in terms of the preamble is to abolish contract labour wherever it is possible and regulation of contract labour where such abolition is not possible. Chapter 3 deals with registration of establishments employing contract labour. Section 10 deals with prohibition of employment of contract labour. Section ... Section 10 of the Act.F. Powers under Section 21 of the General clauses Act.G Validity of the impugned orderH. Judicial review with regard to endorsementsI. Permissibility of absorption and regularisation of contract labourJ. Relief.History of the Act20. The Contract Labour (Regulation and Abolition) Act 1970 for short the Act is a Central Act ... Section 21 of the General clauses Act.G Validity of the impugned orderH. Judicial review with regard to endorsementsI. Permissibility of absorption and regularisation of contract labourJ. Relief.History of the Act20. The Contract Labour (Regulation and Abolition) Act 1970 for short the Act is a Central Act and it received the accent of the President on 5-9-1990. A reading of objects and reasons would show that question of abolition ...

Nov 04 2004

Blue Star Ltd. Vs. Commissioner of Labour

  • Decided on : 04-Nov-2004

Court : Gujarat

Reported in : [2005(105)FLR731]

... . 2 Union and waives service of Rule. The very short issue which arises in this petition is whether the Labour Commissioner while deciding the dispute under clause (5) of the licence issued under the Contract Labour (Regulation & Abolition) Act, 1970 and Rules framed thereunder, acts quasi-judicially and is required to adhere to the principles of natural justice and if so, whether in the ... reasons recorded hereinabove, it is held that the impugned order dated 31.3.1995 of the Labour Commissioner is legal with the result that it would be incumbent upon the petitioner to ensure, in accordance with the provisions of Section 21 of the Act, that the workmen concerned of the contractor were paid the same wages and benefits as applicable ... is stated on oath that, within 3 months of the impugned order, 'all the 21 beneficiaries of the order' were removed.5. There is no dispute about the fact that under the statutorily prescribed conditions and Clause (5) of the Licence issued under the Contract Labour (Regulation and Abolition) Act, 1970, workmen of contractor were entitled to the same conditions of service as applicable ... Contract Labour (Regulation and Abolition) Act, 1970, workmen of contractor were entitled to the same conditions of service as applicable to the workmen directly employed by the principal employer if they were performing same or similar kind of work; and that in case of any disagreement with regard to the type of work, the same was required to be decided by the Labour ...

Mar 11 1985

Verkey and Co. Vs. Regional Labour Commissioner

  • Decided on : 11-Mar-1985

Court : Karnataka

Reported in : ILR1985KAR3359

... notification issued by the Central Government under the Act is not applicable to the employment under the Company.(ii) In any event, by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 ('the Contract Labour Act' for short) and the Contract Labour (Regulation and Abolition) (Central) Rules, 1971 ('the Central Rules' for short ... Contract Labour (Regulation and Abolition) Karnataka Rules, 1971 framed by the State Government alone would govern the industry of the Company.Section 21 on which strong reliance was placed by the Learned Counsel for the Respondents read:'21. Responsibility for payment of wages. (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour ... Contract Labour (Regulation and Abolition) (Central) Rules, 1971 ('the Central Rules' for short), the Company becomes liable to pay the wages at the same rate at which the principal employer viz., the Railway Administration is liable to pay the wages to its workmen. As the Railway Administration is undoubtedly liable to pay wages at. the rates fixed by the Central Government under the Act ... Section 21 of the Contract Labour Act requires the principalemployer to pay the wages with a right to get itreimburse from the contractor. Section 21 does not provide that the rates of wages payable by the contractor is the rates of wages payable by the principal employer for the workmen if directly employed by it. Therefore there is nothing in Section 21 ...

Feb 11 2009

Panki Thermal Station and Anr. Vs. Vidyut Mazdoor Sangthan and Ors.

  • Decided on : 11-Feb-2009

Court : Supreme Court of India

Reported in : AIR2009SC2373; [2009(121)FLR173]; (2009)IILLJ320SC; 2009(3)SCALE290; (2009)11SCC277

... U.P. Contract Labour (Regulation and Abolition) Act, 1970 they are definitely working directly under the employer and it is proved beyond doubt on the evidence on record that everyone of them has worked more than 240 days in previous calendar year.14. As neither the Labour Court not the High Court addressed to the basic issues, the impugned judgment of the Labour Court as ... of work. It is submitted that under Section 21 (4) of the Act though primary responsibility of the payment of wages is on the contractor, in case the contractor fails to make payment of wages then the principal employer shall be liable to make payment of wages in full or of unpaid balance to the contract labour.9. The award of the ... (1999)ILLJ1086SC and BHEL Workers Association, Hardwar and Ors. v. Union of India and Ors. : (1985)ILLJ428SC though the workmen had registered under the provisions of U.P. Contract Labour (Regulation and Abolition) Act, 1970 (in short the `Act') they were definitely working directly under the employer and that each one of them has worked for more than 240 days in a previous calendar year and ... there is categorically recorded finding that the labour employed through contractor are always employed for a fixed period and are continuously working for more than 240 days in the previous calendar year.In this view of the matter, even though they are registered under the provision of U.P. Contract Labour (Regulation and Abolition) Act, 1970 they are definitely working directly under the ...

Aug 30 2001

Steel Authority of India Ltd. and ors. etc. etc. Vs. National Union Wa ...

  • Decided on : 30-Aug-2001

Court : Supreme Court of India

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

... Section 2(1)(a) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short, 'the CLRA Act') and in Section 2(1) of the Industrial Disputes Act, 1947 (for short, 'the I.D. Act') and having regard to the importance of the question of automatic absorption of contract labour in the establishment of the principal employer as a consequence of an abolition notification issued under Section 10(1) of the CLRA Act ... Sub- section (2) of Section 10 of the CLRA Act requires that the contract labour should be abolished so it would be an abuse on the part of the employer to resort to employing contract labour in such a case. Reliance is also placed on Rules 21(2), 25(2) (V ... Contract Labour (Regulation and Abolition) Act, 1970, dated December 9, 1976. The main contention against the validity of the notification is that an omnibus notification like the impugned notification would be contrary to the requirements of Section 10 of the CLRA Act and is illustrative of non application of mind.48. It would be profitable to refer to Section 10 of the Act:10. Prohibition of employment of contract labour ... Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, dated December 9, 1976. The main contention against the validity of the notification is that an omnibus notification like the impugned notification would be contrary to the requirements of Section 10 of the CLRA Act and is illustrative of non application of mind.48. It would be profitable to refer to Section 10 of the Act ...

May 14 2007

H.P. State Forest Corporation and Anr. Vs. Kusal Singh and Ors.

  • Decided on : 14-May-2007

Court : Himachal Pradesh

Reported in : (2008)ILLJ794HP

... Labour Court after extensively quoting the various provisions of the Contract Labour (Regulation and Abolition) Act, 1970 has held that the petitioners-corporation was liable to pay the wages if any default was made by the contractor, but the same could be recovered by the Corporation from the contractor subsequently. It will be apt to reproduce Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 ... wages to the workmen under Section 21 of the Contract labour (Regulation and Abolition) Act, 1970 and thereafter it can recover the same from the respondent No. 16. The workmen have the option either to approach the authorities appointed under the Payment of Wages Act, 1936 or Labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947.27. This Court ... and respondent Nos. 3 to 21, as such the proceedings before the Labour Court are bad in law. It is admitted to the petitioner that he had a contract with the Bhuppurva Sainik Kalyan Nigam who provided the workmen to the petitioner. In view of the provisions of Section 21(4) of Contract Labour (Regulation and Abolition) Act, 1970, the principal employer ... Corporation from the contractor subsequently. It will be apt to reproduce Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 as under:27. Responsibility for payment of wages.-(1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such ...

Feb 20 2007

Bharat Earth Movers Limited rep. by its Company Secretary, Shri K.C. M ...

  • Decided on : 20-Feb-2007

Court : Karnataka

Reported in : [2007(114)FLR700]; 2007(3)KarLJ225; (2007)IIILLJ112Kant; ILR2007(2)Kar1786; 2007(3)KCCR1559; 2007(3)AIRKarR217

... Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'CLRA Act') and pointed out, that under Section 21, primarily the Contractor is responsible for payment of wages to each of the worker employed by him, and the principal employer is required to engage his representative in terms of Section 21 (2) of CLRA Act ... contract labours, engaged by respondent No. 122. He also submitted that in the event the contractor fails to discharge, his obligation or payment of statutory minimum wages, in terms of the contract, the principal employer is liable to pay said amount and in this regard, he referred to Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'CLRA Act') and pointed out, that under Section 21 ... contract, the principal employer is liable to pay said amount and in this regard, he referred to Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'CLRA Act') and pointed out, that under Section 21, primarily the Contractor is responsible for payment of wages to each of the worker employed by him, and the principal employer is required to engage his representative in terms of Section 21 ...

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