Session 2 - Act.pdf

Neeraj kataria 26 certificate of registration the

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Certificate of Registration The certificate of registration will be granted under of section 7 of The Act by the Registration Authority. Any change in the particulars in the certificate of registration, the principal employer need to intimate to the registering officer, within thirty days (rule 18) Contract Labour Management | Prof. Neeraj Kataria 27
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Application for a license by Contractor Contractor is required to obtain a licence. sec. 12(1), from a licensing authority appointed by the Govt. U.s.11 Conditions relating to hours of work, fixation of wages and other essential amenities in respect of contract need to be adhered u.s. 12 (2) Application for the grant of a license shall be made in triplicate in Form IV Contract Labour Management | Prof. Neeraj Kataria 28
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Application for a license This shall be accompanied by: A certificate by the principal employer in Form V The deposit of the security amount (refundable) The payment of the fees Contract Labour Management | Prof. Neeraj Kataria 29
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Validity of the license Every license granted under rule 25 or renewed under rule 29 (renewal) shall remain in force for twelve months from the date it is granted or renewed. Contract Labour Management | Prof. Neeraj Kataria 30
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10. Prohibition of employment of contract labour (1) Notwithstanding anything contained in this Act, 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. Contract Labour Management | Prof. Neeraj Kataria 31
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(2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government 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, manufacture or occupation that is carried on in the establishment: (b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment; (c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto; (d) whether it is sufficient to employ considerable number of whole-time workmen. Contract Labour Management | Prof. Neeraj Kataria 32
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Case Law 2 The Supreme Court in: Catering Cleaners of S. Rly. V/s Union of India (1987 1 SCC 700)
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Facts 1. The petitioners are catering cleaners working in the catering establishments in various railway junctions of the Southern Railway and in the pantry cars of long distance trains running under the control of the Southern Railway. Since a long time they have been agitating for the abolition of the contract system and for their absorption as regular employees of the principal employer, namely, the Southern Railway. They complain that they
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  • Fall '19
  • Prof. Neeraj Kataria

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