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Search Results Judgments > Act:CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 Section 21

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 ...

Jul 02 2002

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

  • Decided on : 02-Jul-2002

Court : Andhra Pradesh

Reported in : 2002(5)ALD59

... Section 21(4) of the Contract Labour (Regulation 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 ... Section 33-C(2) cannot be kept out of their reach. 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 ...

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 ...

Feb 16 2005

General Employees Association a registered Trade Union Vs. Rashtriya C ...

  • Decided on : 16-Feb-2005

Court : Mumbai

Reported in : (2006)ILLJ647Bom

... TMSS and more so because, after the Central Government issued Notification dated 9.1.2001 and made a reference under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'Contract Labour Act'), almost all the contract labours covered by W.P. No. 5981 of 1997 have been reemployed. 13. Prayer clause (a) of this petition which consists ... the Contract Labour Act. 16. Section 21 of the Contract Labour Act, deals with the responsibility for payment of wages and it reads as under: 21. 21.21. Responsibility for payment of wages: Responsibility for payment of wages: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 ... Pradesh Contract Labour (Regulation and Abolition) Rules, 1971. Hence, Section 21(4) will not apply to such obligations of the contractor which may be the subject matter of the dispute between the contractor and his workers at the time of disbursement of wages and it do not fall within the definition of wages under the Act.' In ... Section 21 are specified sums which are payable in presenti by the contractor under his contract employment with each worker as well as under any existing Award, Settlement or order of the Court. Section 21 does not deal with nor does it cover the obligations which are imposed upon the contractor under the provisions such as the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971. Hence, Section 21 ...

Feb 03 1997

Surya Rau V. V., E.D. Nocil & Others Vs. Surendra Ramkrishna Tendulkar ...

  • Decided on : 03-Feb-1997

Court : Mumbai

Reported in : 1997BomCR(Cri)505; (1998)ILLJ629Bom; 1998(3)MhLj281

... Contract Labour (Regulation and Abolition) Act, 1970 has been enacted for the purpose of regulation and abolition of contract labour in the establishments covered under the said Act. The said Act hereto shall be referred to as the Contract Labour Act. In so far as the Act is concerned, it contemplates a principal employer who is defined under Section 2(g) and the Contractor as defined under Section 2(c) of the Act. Under Section 21 of the Act ... Contract Labour (Regulation and Abolition) Act, 1970. The learned Counsel further contends that this will indicate that it is the Contractor who has to maintain the Registers/Records as he is the employer and under Section 29 of the Contract Labour (Regulation and Abolition) Act, every principal employer and every contractor shall maintain such Registers/Records giving such particulars of contract labour, employed, etc. Under Section 30 of the said Act the provisions of the Act ... regulation and abolition of contract labour in the establishments covered under the said Act. The said Act hereto shall be referred to as the Contract Labour Act. In so far as the Act is concerned, it contemplates a principal employer who is defined under Section 2(g) and the Contractor as defined under Section 2(c) of the Act. Under Section 21 of the Act, the duty to pay wages of the contract ...

Apr 01 2002

International Airports Authority Employees Union Vs. International Air ...

  • Decided on : 01-Apr-2002

Court : Mumbai

Reported in : 2002(5)BomCR43; (2002)IIILLJ277Bom

... of Labour, issued a notification bearing No. S.O. 779(E), dated December 9, 1976, under the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Contract Labour Act'), as also the Contract Labour (Regulation and Abolition) Amendment Ordinance, 1986. The effect of the notification was to prevent respondent No. 1 from employing contract labour for ... Sections 31 to 36 of the Security Guards Act. The decision of the Board has the force of law by virtue of the statute itself. No such power is contemplated by the Contract Labour Act in favour of a contractor.(f) Sections 20 and 21 of the Contract Labour Act also establish that the Security Guards Board is not a contractor. Under Sections 20 and 21 ... Regulation of Employment and Welfare) Act, 1981 is not sustainable. The provisions of the Maharashtra Private Security Guards Act, 1981 are perfectly legal and so far as the State of Maharashtra is concerned, it is obvious that they should prevail even over the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 ... Contract Labour Act or by the terms and conditions negotiated with the employer. Under the Security Guards Act, it is the Board that decides these questions in accordance with the provisions thereof.(e) Similarly, Rule 21(2) of the Contract Labour (Regulation and Abolition) Central Rules, 1971 (hereinafter referred to as 'the Contract Labour Rules') also militates against the proposition that the Board under the Security Guards Act ...

Feb 22 2013

Indian Oil Corporation Ltd. Vs. Karnataka Petroleum and Gas Workers Un ...

  • Decided on : 22-Feb-2013

Court : Karnataka

... Section 22(1)(d) of the I.D. Act are not applicable to the facts of this case and therefore there is no prohibition for the 1st respondent to go on strike. 6. Before proceeding further, it is relevant to note certain provisions of the I.D. Act and the Contract Labour (Regulation and Abolition) Act, 1970 {'Contract Labour Act' for short). Section 22(1) of the I.D. Act ... wages in such manner as may be prescribed under sub-section (2) of Section-21 of the Contract Labour Act. Duty is also cast on the contractor to disburse wages in presence of the authorized representative of the principal employer as per Section 21(3) of the Contract Labour Act. In case if the contractor fails to make payment ... certain provisions of the I.D. Act and the Contract Labour (Regulation and Abolition) Act, 1970 {'Contract Labour Act' for short). Section 22(1) of the I.D. Act reads thus: 22. Prohibition of strikes and lock-outs: (1) No person employed in a public utility service shall go on strike, in breach of contract:- (a) without giving to the employer ... Contract Labour Act for the benefit of the contract labour employed in an establishment, such amenity/amenities shall be provided by the principal employer within such time as may be prescribed as contemplated under Section-20 of the Contract Labour Act. May be, all expenses incurred by the principal employer in providing the amenity can be recovered by the principal employer from the contractor, subsequently. Under Section-21 of the Contract Labour Act ...

Jun 20 2000

Pola Satyanarayana and others Vs. Secretary, Govt. of India, Ministry ...

  • Decided on : 20-Jun-2000

Court : Andhra Pradesh

Reported in : 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP

... labour are not left at the whim and fancy of the principal employer. He is bound under the Act to regulate and ensure payment of the full wages, and also to provide all the amenities enjoined under Sections 16 - 19 of the Act and the rules made thereunder. On abolition of contract labour, the intermediary, i.e., contractor is removed from the field and direct linkage between labour ... fact that in the contract entered into between the parties specified the qualifications to be possessed by the contract labour for attending the works specified in the contract.4. They also contended that there is provision in the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the Act) for regularisation of services of the contract labour. In the additional counter ... of the contract labour on abolition of the contract labour system by amending the Act, or appointed a committee to investigate and to consider whether the contract labour system can be abolished and direct employment can be given to the contract labour on the basis of the criteria laid down in Section 10(2) clauses (a) to (d) of the Act.21. The ... be contract labourers their wages would have been guaranteed under Section 21 of the Act with an obligation on the principal employer to pay them if the contractor fails to discharge his obligation in connection with payment of wages. Wages are the livelihood of workman and his large number of dependants. If on abolition of contract labour system contract labour ...

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 ...

Nov 06 1996

Air India Statutory Corporation, etc. Vs. United Labour Union and othe ...

  • Decided on : 06-Nov-1996

Court : Supreme Court of India

Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579

... reached. However, as the fate of erstwhile contract labour on abolition of contract labour system under the provisions of Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 has always raised a vaxed question ... Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act') twin methodology had been adopted by the legislature. In the first instance, it sought to regulate contract labour employed in any establishment wherein such labour was not of a perennial nature but had to be regulated so that the right to life available to workmen as per Article 21 ... Act does not provide total abolition of the contract labour system under the Act. The Act regulates contract labour system to prevent exploitation of the contract labour. The preamble of the Act furnishes the key to its scope and operation. The Act regulates not only employment of contract labour in the establishment covered under the Act and its abolition in certain circumstances covered under Section ... contract labour system under the Act. The Act regulates contract labour system to prevent exploitation of the contract labour. The preamble of the Act furnishes the key to its scope and operation. The Act regulates not only employment of contract labour in the establishment covered under the Act and its abolition in certain circumstances covered under Section 10(2) but also 'matters connected therewith'. The phrase 'matters connected therewith' gives clue to the intention of the Act ...

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