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Judgment Search Results Home > Cases Phrase: contract labour Page 1 of about 54,764 results (0.058 seconds)

Dec 01 1993 (HC)

The Karnataka Contract Labour and Transport Co-op. Society Ltd. and Ot ...

Court : Karnataka

Reported in : AIR1994Kant147; ILR1993KAR3417; 1993(4)KarLJ472

..... and employment by being self-employed workmen constituting the co-operative society of their own, and that calling for tender was out of question for once again giving work on contract labour basis. despite this clear-cut policy holding the field, it is surprising how the respondent no. 1 for these godowns in kolar district, once again invited tenders, ..... contractors. as we have seen above this policy is in consonance with the !aw declared by supreme court for the aforesaid decisions clearly deprecating the archaic policy of pursuing contract labour system in connection with such activities. once this conclusion is reached the resultbecomes obvious. so far as kgf and bangarpet matters are concerned earlier there was a contractor who ..... and being also a public sector under-taking charged with public duty and catering to public interest, the respondent-1 corporation took a policy decision in 1989 to abolish contract labour system for handling food-grains and for loading and unloading them at its various godowns in india and instead decided to offer guaranteed employment of perennial and regular nature ..... the petitioners that the 4th respondent society is in substance controlled by gangadhar, the excontractor, who has been brought into picture by backdoor by being awarded the contract after abolition of the contract labour system at hubali godown. petitioners contended that as per the policy decision taken by the first respondent corporation pursuant to the circular dated 19-1-1989 'at .....

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Feb 24 2012 (HC)

Bharath Electronics Contract Labour Union, Bangalore, Rep. by Its Gene ...

Court : Karnataka

..... contractor as defined under section 2(1)(c) of the act it would mean a person who undertakes to produce a given result for the establishment through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor and it would be other than mere supply of goods or articles of manufacture to such a ..... is with the contractor, and the ultimate supervision and control lies with the contractor. the principal employer only controls and directs the work to be done by a contract labour, when such labour is assigned/allotted/sent to him. but it is the contractor as employer, who chooses whether the worker is to be assigned/allotted to the principal employer or ..... no such prohibition imposed by the appropriate government and there being a valid registration in favour of the principal employer and the contractor also having obtained valid licence to employ contract labourers, the question of considering the petitioners prayer for regularisation does not arise automatically.28. the honble supreme court has in the case of international airport authority of ..... ) the type of business, trade, industry, manufacture or occupation which is carried on in the establishment;(d) such other particulars as may be relevant to the employment of contract labour in the establishment.(3) the registering officer shall maintain a register in form iii showing the particulars of establishments in relation to which certificates of registration have been issued by .....

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Jun 22 2001 (HC)

Federation of Hindustan Lever Ltd. and anr. Vs. Secretary, State Contr ...

Court : Mumbai

Reported in : (2002)ILLJ355Bom

..... and to refer the application made by petitioners vide letters dated october 1, 1997 and march 7, 2001 (exhibits g and h to the petition) for abolition of contract labour to the advisory board within a period of 2 months. the advisory board will hear petitioners as well as management of the company and the concerned contractors and make ..... that petitioners have therefore approached the state government by way of their application addressed to the state advisory board under section 10 of the contract labour act for abolition of the contract labour in respect of jobs performed by contract workers engaged through respondent nos. 9 to 16 and the said application is pending before the advisory board. she submitted that petitioners have ..... 2001 i llj 470.10. in the case of cipla ltd. (supra) the supreme court has categorically held that the dispute raised on behalf of contract labour will have to be adjudicated by the labour court/industrial court constituted under section 10(1) of the industrial disputes act. it is a common ground that the petitioners have already raised an industrial ..... in the training centre ofrespondent no. 4 situated at worli. the respondent no. 1 is the advisory board set upunder the contract labour (regulation andabolition) act, 1970, hereinafter referred to asthe contract labour act. the respondent no. 2is the commissioner of labour. therespondent no. 3 is state of maharashtra whichis the 'appropriate government' in respect ofthe establishments of the respondent no.4. .....

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Apr 04 1996 (HC)

Indian Airports Employees Union Vs. Air India and ors.

Court : Mumbai

Reported in : [1996(73)FLR1763]; (1997)ILLJ1027Bom

..... mr. p. c. hota, after receipt of the report of the board, examined the matter and made the following notings :- 'this is regarding consideration of prohibition of contract labour under the contract labour (r&a;) act, 1970 in eight establishments for which the central government is the appropriate government since 1986. these eight establishments are : (1) international airports authority of ..... security agencies. (the exact number of such guards has not been mentioned in the report). they have work of perennial nature and hence 'security' through contract labour can be prohibited; but contract labour cannot be prohibited in sweeping and cleaning etc. the sub-committee has further mentioned that the management of air india ensures payment of minimum wages, coverage under ..... , does the apron cleaning regularly and such items of cleaning work, which is left over even after 'mechanical sweeping', is handled manually by a few contract labour. naturally, such deployment of contract labour is bound to be sporadic and fluctuating in character and cannot justify engagement of whole time workmen. hence, an important ingredient of section 10 of the ..... the act. (b) if so, who can raise such dispute (c) whether the industrial tribunal or the appropriate government has the power to abolish the contract labour system and (d) in case the contract labour system is abolished, what is the status of the erstwhile workmen of the contractors ?' the questions so formulated were answered thus :- '(i) in view .....

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Apr 04 1996 (HC)

Indian Airports Employees Union Vs. Air India and ors.

Court : Mumbai

Reported in : 1996(3)BomCR612

..... mr. p.c. hota, after receipt of the report of the board, examined the matter and made the following notings :- 'this is regarding consideration of prohibition of contract labour under the contract labour (r&a;) act, 1970 in eight establishments for which the central government is the appropriate government since 1986. these eight establishments are : (1) international airports authority of ..... security agencies. (the exact number of such guards has not been mentioned in the report). they have work of perennial nature and hence 'security' though contract labour can be prohibited; but contract labour cannot be prohibited in sweeping and cleaning etc. the sub-committee have further mentioned that the management of air india ensure payment of minimum wages, coverage under ..... , does the apron cleaning regularly and such items of cleaning work, which is left over even after 'mechanical sweeping', is handled manually by a few contract labour. naturally, such deployment of contract labour is bound to be sporadic and fluctuating in character and cannot justify engagement of whole time workmen. hence, an important ingredient of section 10 of the ..... the act. (b) if so, who can raise such dispute? (c) whether the industrial tribunal or the appropriate government has the power to abolish the contract labour system? and (d) in case the contract labour system is abolished, what is the status of the erstwhile workmen of the contractors?' the questions so formulated were answered thus :- '(i) in view of .....

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Apr 06 1999 (HC)

Prem Mahali and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... mete out justice in given facts. on finding that either the workmen were engaged in violation of the provisions of the act or were continued as contract labour, despite prohibition of the contract labour under section 10(1), the high court has, by judicial review as the basic structure, constitutional duty to enforce the law by appropriate directions. the ..... is not fit for reference to the industrial tribunal for adjudication on the following grounds: 'it has been reported that the workmen were engaged as contract labourers under provisions of the contract labour (r & a) act, 1970. such contract labourers are not entitled to regularisation by the principal employer.' yours faithfully, (braj mohan) desk officer tel. no. 3718119 copy forwarded to: 1 ..... 2) writ petitions to vindicate their cause. 3. the oil india limited, however, in their affidavit-in- opposition submitted that the writ petitioners are works contract labourers within the meaning of the contract labour (regulation and abolition) act, 1970 and, as such, no relief can be given to them by this court under article 226 of the constitution as ..... in order to maintain peace, the company agreed to constitute a committee comprising representatives of the management, the unions representing the works contract labourers and the respondent no. 4, to identify the works contract labourers (excluding workcharge labourers) who fulfil the conditions mentioned in sub-section (2) of section 10 of the act of 1970. on proper consideration of .....

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Sep 09 2000 (HC)

Management of Tata Iron and Steel Co. Ltd. and anr. Vs. Presiding Offi ...

Court : Patna

..... our notice, by mr. chidambaram that in regard to item 1, 2 and 4 of the heads of dispute as indicated in the reference, the contract labour system is no more vague and contract labour is now confined to item no. 3 only. in view of the changed situation and taking into consideration the back ground of the dispute as also ..... on permanent basis under the management. so it becomes evident that the standing order cannot stand in the way of absorption or regularisation of the contract labourers under the management. moreover when more than 1600 contract labourers were absorbed or regularised by the management, tata workers union did not raise objection, but they are raising serious objections against the absorption and ..... the proceeding. as pointed out, the main question was raised that the tribunal had no jurisdiction to pass order for absorption in absence of notification under section 10 of the contract labour (regulation and abolition) act, 1970. the senior counsel for the petitioners submitted that in the absence of such notification, absorption of workmen was not permissible. reliance was ..... management of tisco raised preliminary objection questioning the competence of the reference and jurisdiction of the tribunal to adjudicate the dispute referred in absence of notification under section 10 of contract labour (regulation and abolition) act, 1970. the case was heard by tribunal and answered in negative holding, dispute not an industrial for adjudication by the tribunal and the .....

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May 15 2000 (HC)

Tata Engineering and Locomotive Co. Ltd. Vs. Singhbhum thekedar Mazdoo ...

Court : Patna

..... shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as: (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, ..... the appropriate government may, after consultation with the central board or, as the case may be, a state board prohibit, by notification in the official gazette, employment of contract labour in any process, operation or other work in any establishment. (2) before issuing any notification under sub-section (1) in relation to an establishment, the appropriate government ..... and shri yogendra thakur as members. on september 5, 1992, the convenor submitted his individual opinion. on november 19, 1992, the advisory board recommended abolition of the contract labour working in the scrapyard of the appellant-company. though s/shri n.k. sharan, ramashray prasad and yogendra thakur were party to the recommendation they submitted a different ..... services of the members of the respondent-union as employees of telco. the respondent-union filed the aforesaid writ petition seeking implementation of the notification regarding abolition of contract labour in the aforesaid works under section 10 of the act. by the impugned judgment and order, the learned single judge allowed the writ petition with certain consequential .....

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Feb 23 2001 (HC)

Shri J.R. Prabhu, Principal, College of Agricultural Banking Vs. the S ...

Court : Mumbai

Reported in : 2001(2)ALLMR702; 2001ALLMR(Cri)1087; 2001BomCR(Cri)787; (2001)2BOMLR803; [2002(92)FLR118]; (2001)IILLJ1469Bom; 2001(3)MhLj616

..... para no. 8, the zone of operation of section 10(1) of the act which governs the total abolition of contract labour and consequent regularisation (not regulation) of such contract labour, is certainly narrower than the zone of contract labour which can be subject of regulation (and not abolition/regularisation). the case relied upon dealt with the aspect of abolition and ..... the reasons discussed above, the contentions of the petitioners that the provisions of the act do not apply to the respective establishments, based upon the interpretation of definitions of 'contract labour', 'contractor', 'workman', 'establishment' as also 'principal employer' is not tenable. it also does not appear that an authority which is not complacent to prosecute has filed ..... number of workmen in accordance with their seniority and rule 'last come first go'.in the matter of mahindra and mahindra (supra) notification issued prohibiting employment of contract labour, in the process, operation and other work, namely, house keeping and sweeping in the establishment of petitioner company issued by the state government dated 26.3.1991 ..... criminal applications challenge the order regarding issuance of process against the respective petitioners as also the prosecutions by which they are prosecuted for contravention of section 7 of the contract labour (regulation and abolition) act, 1970 (for the sake of brevity, hereinafter, referred to as the said act). since the prosecutions are challenged by common grounds, .....

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Aug 08 1996 (HC)

Maharashtra General Kamgar Union Vs. Cipla Limited and ors.

Court : Mumbai

Reported in : 1997(2)BomCR171; (1997)ILLJ933Bom; 1997(1)MhLj201

..... of the act (b) if so, who can raise such dispute (c) whether the industrial tribunal or the appropriate government has the power to abolish the contract labour system and (d) in case the contract labour system is abolished, what is the status of the erstwhile workmen of the contractors in para 25 of the judgment, the contention before the court was referred ..... a paper arrangement. undoubtedly, respondent no. 2 contractor has registered his concern, viz., deluxe estate services under the shops and establishments act. undoubtedly, he holds a licence under the contract labour act. undoubtedly, he has shown that he has registered himself under the provisions of the p.f. act, esi act as also the professional tax act. in our opinion, all these ..... before the industrial adjudicator. after referring to several decisions, in para 32, the apex court held that after coming into operation of the act, the authority to abolish the contract labour is vested exclusively in the appropriate government which has to take its decision in the matter in accordance with the provisions of section 10 of the act. the supreme court ..... all the statutory benefits like weekly off, overtime wages, etc., to the workmen. the company contended that it has obtained the registration certificate as required under section 7 of the contract labour (regulation and abolition) act, 1978. it was, therefore, contended that there is no merit in the complaint and the complaint ought to be dismissed. 6. respondent no. 2 viz., .....

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