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

Apr 21 1997

Senior Regional Manager, Food Corporation of India, Calcutta Vs. Tulsi ...

  • Decided on : 21-Apr-1997

Court : Supreme Court of India

Reported in : AIR1997SC2446; JT1997(5)SC175; (1997)IILLJ747SC; (1997)2MLJ81(SC); 1997(4)SCALE12; (1997)5SCC51; [1997]3SCR892; 1997(2)LC190(SC)

... are not wages under Section 21 of the Contract Labour (Regulation and Abolition) Act, 1973 and that, therefore, the appellant is not liable to make the payment to the respondents. We find no force in the contention.5. Section 21 postulates the responsibility for payment of wages. Under Sub-section (1) a contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such ... We find no force in the contention.5. Section 21 postulates the responsibility for payment of wages. Under Sub-section (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 period as may be prescribed. Under Sub-section (4), in case the contractor fails to ... balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deducting from any amount payable to the contractor under any contract or as a debt payable by the contractor. That liability has been prescribed under Sub-section (2) thereof which says that every principal employer shall ... as may be prescribed. Under Sub-section (4), in case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the ...

Jul 18 2012

The Superintending Engineer. Vs. Appellate Authority

  • Decided on : 18-Jul-2012

Court : Chennai

... Limited v. Controlling Authority Under Payment of Gratuity Act and Others, reported in 2003 (1) LLN 358 by Justice V.S.Sirpurkar (as He then was). In the said judgment, it was held that the contractor, who was engaged the workmen do not pay the gratuity then by virtue of Section 21 (4) of the Contract Labour (Regulation and Abolition) Act, the principal employer is liable to ... under any law (in this case Payment of Gratuity Act), it would be covered under Clause (d) and, therefore, it excluded from the operation of Sub-clause (6) and therefore will amount to wages . Once this construction is accepted, it is clear that it will be the basic responsibility, under Sec.21(4) of the Contract Labour Act, of the petitioner to make the payment ... also granted service certificate and the said Certificate was also produced before the controlling authority. But however the stand of the Board was that it is only after the abolition of the contract labour and pursuant to the recommendations made by Justice Khalid's Commission, he was given employment as helper with effect from 01.05.1999, but the controlling authority held ... therefore, it can be safely held that the gratuity which is payable under the Payment of Gratuity Act is well covered under Clause (d). Learned senior counsel, however, suggests that the subsequent clause starting from the words "contract or instrument" suggests that such law, contract or instrument should not provide for the time within which the payment is to be made and ...

Oct 10 2006

Karantikari Suraksha Rakshak Sanghatana Vs. State of Maharashtra and O ...

  • Decided on : 10-Oct-2006

Court : Mumbai

Reported in : 2006(6)ALLMR401; 2006(6)BomCR673

... Sections 19, 20 , 21 and 23 of the said Act, which are claimed to be retrograde amendments. 5. i) Much prior to the passing of this State Act of 1981, the Contract Labour (Regulation and Abolition) Act, 1970 was passed by the Parliament. This Act has two main objectives viz. (i) to prohibit the employment of contract labour in certain situations and (ii) to regulate working conditions of the contract labour ... Act, which are claimed to be retrograde amendments. 5. i) Much prior to the passing of this State Act of 1981, the Contract Labour (Regulation and Abolition) Act, 1970 was passed by the Parliament. This Act has two main objectives viz. (i) to prohibit the employment of contract labour in certain situations and (ii) to regulate working conditions of the contract labour wherever such employment is not prohibited. (ii). Thus, Section 10 of this Act ... Act or the scheme. The main controversy in these Petitions is with respect to the (a) amendments to the above-referred definitions and (b) to Sections 19, 20 , 21 and 23 of the said Act, which are claimed to be retrograde amendments. 5. i) Much prior to the passing of this State Act of 1981, the Contract Labour (Regulation and Abolition) Act, 1970 was passed by the Parliament. This Act ...

Dec 19 2003

Trident Softech (P) Ltd. Vs. State of Orissa

  • Decided on : 19-Dec-2003

Court : Orissa

Reported in : III(2004)BC232; 2004(I)OLR101

... Labour Contract Licence cannot be obtained before assignment of the contract in favour of a contractor. In support of such submission he relied upon Sections 12 and 13 of the Contract Labour (Regulation and Abolition) Act, 1970 as well as Rule 21 of the Contract Labour (Regulation and Abolition) Rules.5. For the sake of brevity and better appreciation, Section 12 of the Act ... Labour Contract Licence was not submitted by it.4. In course of hearing, Mr. Sanjit Mohanty, learned Senior Advocate appearing for the petitioner, forcefully submitted that the Labour Contract Licence cannot be obtained before assignment of the contract in favour of a contractor. In support of such submission he relied upon Sections 12 and 13 of the Contract Labour (Regulation and Abolition) Act, 1970 as well as Rule 21 of the Contract Labour (Regulation and Abolition ... Contract Labour (Regulation and Abolition) Act, 1970 as well as Rule 21 of the Contract Labour (Regulation and Abolition) Rules.5. For the sake of brevity and better appreciation, Section 12 of the Act is quoted hereunder :'Licensing of contractors--(1) With effect from such date as the appropriate Government may, by notification in the Official Gazette, appoint, no contractor to whom this Act applies, shall undertake or execute any work through contract labour ...

Jul 08 1982

State of Gujarat Vs. Vogue Garments and Ors.

  • Decided on : 08-Jul-1982

Court : Gujarat

Reported in : (1982)2GLR449; (1983)ILLJ255Guj

... A government Labour Officer and Inspector of the Office of the commissioner of Labour, Gujarat State, filed a complaint against the present respondents for contravention of Rule 21 of (the Rules frames under) the Contract Labour (Regulations and Abolition) Act, 1970, hereinafter referred to as 'the said Act', and for the non-compliance with the order issued under the said Act punishable under S. 24 of the said Act. The same ... as well as Ss. 12, 13 of the said Act and Rule 21 of the Rules framed under the said Act. Mr. Shah submitted that the moment it is shown that an establishment has ins its employment 20 or more workmen on any day of the preceding 12 months as contract labour, the provisions of the said Act are attracted. In the present case, Mr. ... ('respondent') accused. The observation run as under : '17. A contractor under the Act in relation to an establishment is a person who under takes to produce a given result for the establishment through a given result for the establishment through contract labour. A contractor is a person who supplies contract labour for any work of the establishment. The entire context shows that the ... is one who supplies contract labour to an establishment undertaking to produce a given result for it. He hires labour in connection with the work of an establishment. 14. Mr. Ashok L. Shah, the learned Advocate for the respondents Nos. 1& 3, submitted that the word 'hire' which is used in S. 2(2)(b) of the said Act has a significant connotation ...

Aug 30 2006

Maharashtra Rajya Mathadi Transport and General Kamgar Union Vs. The G ...

  • Decided on : 30-Aug-2006

Court : Mumbai

Reported in : 2006(6)ALLMR26; 2006(5)BomCR490; (2007)ILLJ965Bom

... Regulation of Employment and Welfare) Scheme, 1970 to decide the challenge that the provisions of the Act are repugnant to the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and found that there is no repugnancy in the two enactments. The learned single Judge found that the Act and the scheme cover the subjects and encompasses area which is not covered by the Contract Labour Act ... labour legislations. In this regard, provisions of Section 21 are relevant. Section 21 of the Act reads as under:21. Nothing contained in this Act shall affect any rights or privileges, which any (registered unprotected worker) employed in any scheduled employment is entitled to, on the date on which this Act comes into force, under any other law, contract ... 1970 to decide the challenge that the provisions of the Act are repugnant to the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and found that there is no repugnancy in the two enactments. The learned single Judge found that the Act and the scheme cover the subjects and encompasses area which is not covered by the Contract Labour Act. 5. The constitutional validity of the Act ...

Apr 24 1995

Rama Bala Kate and Ors. Vs. Walchandnagar Industries Ltd. and Ors.

  • Decided on : 24-Apr-1995

Court : Mumbai

Reported in : 1995(4)BomCR249; [1996(73)FLR1390]; (1996)ILLJ713Bom

... work of loading and unloading on contract. There were regular contracts entered into between the first respondent and petitioner No. 18 and respondent No. 5 which were registered under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970. The first respondent was registered as a principal employer and the two contractors were issued licenses for engaging contract labour. It was the grievance of ... Supreme Court has held that the provisions of Section 21, of the Act did not lead to the conclusion that a union other than a representative union can appear in proceedings relating to all unfair labour practices, other than those specified in Items 2 and 6 of Schedule IV of the Act. In the entire judgment of the Supreme Court ... have adverted its mind to this contention at all and appears to have been overly impressed by the fact that the contract was registered and a license was procured under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970.6. Mr. Ganguli, for the petitioners, urged that once it is held that the petitioners are the employees of the first ... labour practice within the meaning of Item 6 of Schedule IV of the Act and that he was only pressing the allegations of unfair labour practices under Item 5 and 9 of Schedule IV of the Act. 4. Mr. Ramaswami, learned Advocate appearing for the first respondent, contends that the industrial establishments of the first respondent in which the petitioners were engaged as, contract labourers ...

May 04 2006

Lingegowd Detective and Security Chamber (P) Limited Vs. Mysore Kirlos ...

  • Decided on : 04-May-2006

Court : Supreme Court of India

Reported in : AIR2006SC1967; [2006(109)FLR1009]; JT2006(5)SC452; 2006(4)KarLJ461; 2006(2)KLT68(SC); (2006)IILLJ762SC; RLW2006(3)SC2202; 2006(5)SCALE227; (2006)5SCC180; 2007(1)SLJ11(SC)

... Ors. v. Union of India and Ors. : (1982)IILLJ454SC which was rendered on a totally different context. Though the Division Bench referred to the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (in short 'the Contract Labour Act'), the same has no relevance so far as the present dispute is concerned.10. Therefore, the order of the learned Single Judge is restored and that of ... Section 27 of the Act subject to the proviso to Section 3(1)(A) and has power to review at such intervals as it thinks fit, such intervals not exceeding 5 years, the minimum rates of wages so fixed and revise the minimum rates, if necessary, subject to the proviso to Clause (b) of Sub-section (1) of Section 3. Section 2(i) of the Act ... of Scheduled employments, under the Schedule to the Act, there was no necessity of issuance of a separate Notification with reference to the employment of security staff procured through Lingegowd. Reliance was placed on several decisions relating to the true essence of the expression 'right to life' as appearing in Article 21 of the Constitution.3. In support of the ... Pradesh Mineral Industry Association v. The Regional Labour Commissioner, Jabalpur and Ors. : (1960)IILLJ254SC , it was observed as follows:Before dealing with the vires of the impugned notification it would be material to examine the relevant provisions of the Act. The Act has been passed to provide for minimum rates of wages in certain employments. Section 2(b) defines the appropriate ...

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 ...

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 ...

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