Skip to content

Filter by :

Search Results Judgments > 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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Mar 24 2011

M/s. L and T Komatsu Ltd., Bangalore, rep. by its Assistant General Ma ...

  • Decided on : 24-Mar-2011

Court : Karnataka

... LABOUR SECRETARIAT Notification No.LD 15 LWA 2001, Bangalore Dated 1st August, 2001 In exercise of powers conferred by Sub-section (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) read with section 21 of the General Clauses Act, 1987 (Central Act ... section (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) read with section 21 of the General Clauses Act, 1987 (Central Act 10 of 1987) the Government of Karnataka hereby rescinds the notification No. KAE 6 LWA 97, dated 11-4-1997 with immediate effect. By order and in the name of the Government of Karnataka B H Umapathy Under Secretary to Government Labour ... contract labourers in certain establishments and to provide for its prohibition in certain circumstances and for matters connected there with, the Parliament enacted Contract Labour (Regulation and Abolition) Act, 1970 by Act No.37 of 1970, by issuing a notification in the official gazette, for short, hereinafter referred to as the Act. Section 10 of the said Act prohibits employment of contract labour. The said provision reads as under: 10. Prohibition of employment of contract labour ...

May 19 2000

Indian Oil Corporation Ltd. & Anr. Vs. Indian Oil Corporation Maintena ...

  • Decided on : 19-May-2000

Court : Kolkata

Reported in : (2000)3CALLT288(HC),[2001(88)FLR850],(2001)ILLJ643Cal

... Contract Labour (Regulation and Abolition) Act, 1970, no relationship of employer and employee come Into being. In terms of the provisions of the aforementioned Act, however, the principal employer has certain duties. Such duties are enumerated in section 21 of the said Act. Apart from the duties to be performed by a principal employer in terms of the provisions of the said Act ... the Central Government under section 10 of the Act has no jurisdiction to abolish such contract labour. No. 2- Whether the Notification dated 9.12.1976 issued by the Government of India under section 10(1) of the Contract Labour (Regulation &Abolition;) Act, 1970 can be construed as validly abolishing contract labour employed by contractor M/s ... contract labour doing the work of cleaning, sweeping, etc. at the residential premises of staff of Sports Complex owned by the Bharat Petroleum Corporation or whether the Central Government under section 10 of the Act has no jurisdiction to abolish such contract labour. No. 2- Whether the Notification dated 9.12.1976 issued by the Government of India under section 10(1) of the Contract Labour (Regulation &Abolition;) Act, 1970 ... section (1) of section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 are now estopped and precluded from contending that they are the direct employees of the principal employer.28. In fact, Mr. Mitter accepted this position of- law.29. The power of the Central Government to issue a notification under sub-section (1) of section ...

Feb 24 2012

Bharath Electronics Contract Labour Union, Bangalore, rep. by its Gene ...

  • Decided on : 24-Feb-2012

Court : Karnataka

... section 2(b) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as Contract Labour Act for brevity) being attracted is the existence of a contract and registration of the Principal employer as also licence obtained by a contractor. He would submit that under section 10 of the Contract Labour Act, the appropriate Government is empowered to prohibit employment of contract labour ... of the principal employer.Rules 17, 18, 21 and 23 of The Contract Labour (Regulation and Abolition) Central Rules, 197117. Manner of making application for registration of establishments. (1) The application referred to in sub-section (1) of Section 7 shall be made in triplicate, in Form ... Act is to regulate conditions of workers in contract labour system and to provide for its abolition by the appropriate Government as provided in Section 10 of the CLRA Act. In regard to the regulatory measures, Section 7 requires the principal employer of an establishment to get itself registered under the Act. Section 12 of the Act obliges every contractor to obtain licence under the provisions of the Act. Section 9 of the Act ... Act, the scheme of the Act is to regulate conditions of workers in contract labour system and to provide for its abolition by the appropriate Government as provided in Section 10 of the CLRA Act. In regard to the regulatory measures, Section 7 requires the principal employer of an establishment to get itself registered under the Act. Section 12 of the Act ...

Jan 06 1993

Hindustan Machine Tools Ltd. Vs. Industrial Tribunal and Anr.

  • Decided on : 06-Jan-1993

Court : Rajasthan

Reported in : (1993)ILLJ1168Raj; 1993(1)WLC415

... of the provisions of 1947 Act. According to the company the provisions of Contract Labour (Regulation and Abolition) Act, 1970 were applicable and, therefore, no reference could be made under the Industrial Disputes Act, 1947. This objection cannot be read as an objection regarding the competence of the State Government, to make reference with reference to Section 2(a) of 1947 Act. When it is ... Singhvi, J.1. Order of reference dated October 6, 1982 (Ex.5) passed by the Government under Section 10(1)(d) read with Section 12(5) of the Industrial Disputes Act, 1947 (for short Act of 1947) and the award dated September 21, 1984 (Ex.7) passed by the Industrial Tribunal, Jaipur, in I.T. Case No. 306/82 have ... the State Government must be treated as an 'appropriate Government' under Section 2(a) of the Industrial Disputes Act, 1947.13. The other argument of Shri Joshi relates to the applicability of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and consequential exclusion of the provisions of the industrial Disputes Act, 1947. Shri Joshi has strenuously urged that 19 employees in ... persons are treated to be the employees of the contractor the provisions of the Industrial Disputes act, stand excluded. Shri Joshi argued that the Contract Labour (Regulation and Abolition) Act, 1970 is a special statute and it shall prevail as against the provisions of the Industrial Disputes Act. He placed reliance on the decision of this court in S.B. Civil Writ Petition No ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //