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Judgment Search Results Home > Search > Phrase: contract labour regulation and abolition act 1970 section 21 > Page 1 of about 4,926 results (0.231 seconds)

Mar 11 1985 (HC)

Verkey and Co. Vs. Regional Labour Commissioner

Court : Karnataka

Reported in : ILR1985KAR3359

..... 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), the company becomes liable to pay the wages at the same rate at which the principal employer ..... by the principal employer for the workmen if directly employed by it. therefore there is nothing in section 21 which supports the contention urged for therespondents.8. section 35 of the contract labour act empowers the appropriate government to frame the rules. in exercise of this power the central government has framed the central rules ..... by the contractor are those fixed by the state government concerned and he fails to pay the wages, 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 it will be the state government. therefore the provisions of the 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 .....

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Nov 04 2004 (HC)

Blue Star Ltd. Vs. Commissioner of Labour

Court : Gujarat

Reported in : [2005(105)FLR731]

..... respondent no. 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 present case ..... , it 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 to the ..... for 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 to the .....

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Feb 11 2009 (SC)

Panki thermal Station and anr. Vs. Vidyut Mazdoor Sangthan and ors.

Court : Supreme Court of India

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

..... : (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, therefore ..... 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 employer and it is proved beyond doubt on the evidence on record that everyone of them has worked more than 240 days ..... was filed by the employers who are the present appellants questioning correctness of the order dated 6.8.1999 passed by the labour commissioner (in short the `commissioner') under rule 25(2)(v)(a) of the u.p. contract labour (regulation and abolition) rules, 1975 (in short the `rules'). the workmen had challenged the award dated 30.7.1999 and writ petition no. ..... 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 tribunal denied .....

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May 11 1982 (SC)

People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Reported in : AIR1982SC1473b; 1982(30)BLJR401; [1982(45)FLR140]; 1982(1)SCALE817; (1982)2SCC494; 1982(14)LC553(SC)

..... alfred d'souza and shri das gupta to sections 16, 17, 18, 19, 20 and 21 of the contract labour (regulation and abolition) act 1970, section 12 of the minimum wages act, sections 4 and 5 of the equal remuneration act 1976, section 3 of the employment of children act 1938 and sections 13 to 17 of the inter-state migrant workmen (regulation of employment and conditions of service) act 1979. we suggest that these three persons ..... years in the construction work and shall provide all the facilities and conveniences which are required to be provided under the provisions of the contract labour (regulation and abolition) act, 1970 and the inter-state migration workmen (regulation of employment and conditions of service) act, 1979 which has already come into force with effect from 2nd october 1980 and under which the powers to enforce its provisions have ..... the delhi development authority do take the necessary steps for enforcing observance of the 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 the inter-state migration workmen (regulation of employment and conditions of service) act, 1979 by the contractors engaged in the construction work of the indoor stadium at indraprastha estate, asian .....

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Feb 20 2007 (HC)

Bharat Earth Movers Limited Rep. by Its Company Secretary, Shri K.C. M ...

Court : Karnataka

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

..... 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, 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 to be present at the ..... respondents is the difference of minimum wages from the contractor, who is primarily liable under section 21(1) of the clra act. by reading of section 21 sub-section (1) & (2) makes it abundantly clear that a contractor is liable to make the payment to the contract labourer and that payment is required to be ensured by the principal employer. reading of these ..... the contractor fails to make payment. relying on these provisions, learned counsel for the respondents submitted that the contract labour for the purpose of recovery of the minimum wages in terms of sub-section (4) of section 21 of the clra act has to be treated as workmen and in this regard, he relied on a decision of the apex .....

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Jul 02 2002 (HC)

Cement Corp. of India Vs. the Presiding Officer, Labour Court, Anantap ...

Court : Andhra Pradesh

Reported in : 2002(5)ALD59

..... and abolition) act 1970 (for brief 'the cl act). according to them, inasmuch as the 3rd respondent failed to pay the wages as per the wage award, the petitioner is under obligation ..... to pay the difference of the wages as required under section 21(4) of the cl act. 5. the petitioner filed a counter and resisted the plea of the contract labour ..... act claiming that the cement industry wage board has prescribed rates of wages to be paid to various categories of employees working in the cement industry and that their contractor, the 3rd respondent herein, and the principal employer, the petitioner herein, were not paying the wages as per the said wage award. they relied upon the provisions of section 21(4) of the contract labour (regulation ..... . in this context, it is to be noticed that section 21 of the cl act, which deals with the concept of contract labour, refers to the labours that were engaged as workers. under section 21, the worker and the contract labour are almost used interchangeably. 15. it is not a case where the contract labours have put forward the plea that they should be treated .....

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May 07 1997 (HC)

Panther Power Kamgar Sanghatana and Others Vs. Y.C. Jhalani, Executive ...

Court : Mumbai

Reported in : 1998(3)ALLMR30; 1998(3)BomCR160; [1998(79)FLR414]

..... challenged before the supreme court and while confirming the decision of the calcutta high court, the apex court held that on reading the scheme of section 21 of the contract labour (regulation and abolition) act, 1970, the principal employer is statutory responsible to ensure payment of the wages as per law and in case the contractor commits default in the payment of wages, ..... of the contractor as the contractor had failed to pay such wages/balance of wages and in terms of section 21 of the contract labour (regulation and abolition) act, 1970, it was the responsibility of the food corporation of india as principal employer to pay wages to the contract labours in case the contractor failed to do so. the decision of the calcutta high court came to be ..... the expiry of the 7th day. it is the contention of the learned advocate appearing for the respondents management that section 15 of the payment of wages act has provided remedy which is equally efficacious by approaching the labour court constituted by the state government and file an application for the recovery of unpaid wages or any illegal deductions made ..... statutory provisions.8. the government of india has enacted the payment of wages act, 1936 to regulate the payment of wages to the employees, inter alia, employed in a factory. section 3 pertains to the responsibility for payment of wages, section 4 is regarding fixation of wage-periods and section 5 has prescribed the time of payment of wages. the relevant provisions .....

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Dec 17 2004 (HC)

Tamil Nadu Newsprint and Paper Ltd. Rep. by Its M.D. Vs. Rama Damodara ...

Court : Chennai

Reported in : (2005)ILLJ1109Mad; (2005)1MLJ625

..... deposition.14. it is relevant to refer to section 21 of the contract labour (regulation and abolition) act, 1970 which provides that it is the responsibility of the contractor to pay wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. section 29 of the contract labour (regulation and abolition) act provides that the principal employer and contractor shall maintain ..... such registers and records giving such particulars of contract labour employed ..... , the nature or work performed by the contract labour, the rates of wages paid to the contract labour and such other particulars in such form as may be prescribed. hence .....

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Aug 23 2004 (HC)

Uttaranchal Jal Vidyut Nigam Ltd. and anr. Vs. P.O., Labour Court and ...

Court : Uttaranchal

Reported in : (2004)IIILLJ533UC

..... the bhutpurva 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 is liable to make the payment to the workers if the contractor failed to make the payment, and he can recover the amount from the contractor. that ..... being so the position of law, the impugned order dated may 21, 2001 and june 22, 2001 cannot be said to be against the law on this ground. ..... , labour court passed the impugned order dated may 21, 2001 and directed the petitioner as well as the nigam to make payment ..... by collector on the basis of recovery certificate issued in pursuance of the labour court award in that case. annoyed by the recovery, petitioner deducted the salary of the respondent no. 3 to 21 to compensate itself. against the said act an application in question under section 33c(2) of industrial disputes act, 1947 was moved by the answering respondents. after hearing the parties .....

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Feb 21 1979 (HC)

Antony D'Cruz and Ors. Vs. B. Ramadas and Ors.

Court : Kerala

Reported in : AIR1979Ker209

..... is interested. withholding of amount was only because of the obligation to do so by reason of the adjudication in accordance with clause (13) of the regulations already adverted to. further, reference is made to contract labour (regulation and abolition) act, 1970. section 21 of the act reads thus:'21, responsibility for payment of wages : 1. a contractor shall be responsiblefor payment of wages to each worker employed by him as ..... contract labour and such wages shall be paid before the expiry of such period as may be prescribed. 2. every principal employer shall nominate a representative duly authorised by ..... due, as the case may be, to the contract labour employed by the contractor. if therefore recovery is statutorily permitted under sub-section (4) of section 21 it is a matter which is 'otherwise provided' for and since there is particular provision in clause (13) of the regulations referring to this, it is otherwise provided for in the contract. such a matter is excluded from the purview .....

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