Central Advisory Board of Contract Labour

Anyone who violates any provision of this Act or any regulation issued on the basis thereof which prohibits, restricts or regulates the employment of temporary workers or violates any condition of a licence granted under this Act shall be punished by imprisonment for up to three months or a fine of up to one thousand rupees. or both, and in the case of a continuous offence, with an additional fine, which may be up to one hundred rupees for each day on which that offence continues after conviction for the first offence of this type. TopNOTES p. 23 -The mere allegation of infringement is not sufficient. The complainant must indicate who are the persons who have violated the prohibition or restriction of the employment of temporary work.J.P. Gupta v. Union of India, 1981 Lab IC 641 (Pat HC) PROVIDED that the number of members appointed to represent workers shall not be less than the number of members appointed to represent major employers and contractors. A person or contractor who contravenes the provisions of this Act may be punished by deprivation of liberty for up to three months and a fine of five hundred rupees, or both. The principal employer of an establishment referred to in this Act shall register the establishment in accordance with this Act. And in the case of a revocation in accordance with § 8, the temporary work must be reused after the start of the prescribed date or after the date of revocation. (1) Notwithstanding what is contained in this Act, the competent Government may, after consulting the Central Council or, where appropriate, a Council of State, prohibit the employment of temporary agency workers in processes, procedures or other work in an institution by means of a notice in the Official Gazette. 2.

Before issuing an opinion under subsection (1) in respect of an establishment, the competent government shall take into account the working conditions and services provided to temporary agency workers in that establishment, as well as other relevant factors, such as, .B. (a) whether the process, operation or any other work is incidental or necessary for industry, commerce; the activity, manufacture or employment carried out in the establishment; (b) it is of a perennial nature, that is to say, if it is of sufficient duration, taking into account the nature of the industry, trade, undertaking, manufacture or profession pursued in that establishment; (c) if this is normally done by regular workers in that establishment or a similar establishment; (d) it is sufficient to employ a significant number of full-time employees. Explanation.- If the question arises as to whether a process, operation or other work is of a permanent nature, the decision of the competent government is final. NOTES Criteria and circumstances for the abolition of temporary work.-Feeding funnels associated with main work-Loading and unloading of sporadic and intermittent work. The dispute concerned the abolition of temporary agency work in the seed and solvent extraction plants of the applicant`s factory, which produces edible oils and their by-products. The complainant claimed that work in both departments was intermittent and sporadic and that, therefore, temporary work was both efficient and economical. The union, on behalf of the workers, challenged this view, providing diagrams, etc. to prove the continuous and permanent nature of the work.

He also referred to the practice in some other companies. If the work for which temporary agency work is carried out is ancillary and closely linked to the main activity of the sector and is of a multiannual and permanent nature, the abolition of temporary agency work should be justified. The Labour Court is also free to take into account the practice prevailing in other industries in or around the same region. It must be held that the feeding of funnels in the solvent extraction plant is an activity closely linked to the applicant`s main activity. This work is related to the nature of the industry performed by the complainant, which must be performed almost daily, and there should be no difficulty in having regular workers employed by the complainant to perform this type of work. It also follows from the comparison with other plants performing the same work that funnel feeding is an essential part of the industry operated by the complainant and could very well be done by the employee of the Department, as do others. In essence, the Labour Court`s instruction to abolish temporary agency work during loading and unloading cannot be upheld. If it is shown that, in a similar establishment, this type of work is not normally performed by regular workers, but by contract work, this is a circumstance that will work in the complainant`s favour. There is no doubt that the Labour Court referred to article 10 of the Central Act, but it misapplied these provisions when it ordered the abolition of temporary agency work with regard to loading and unloading operations. Vegolis Pvt.

Ltd.c. Workmen, (1971) 2 SCC 724, 730, 733.740. The provincial government has exclusive jurisdiction over the prohibition of the employment of temporary agency workers. The Labour Court cannot instruct a company to abolish temporary agency work, for .B. at a time after the act comes into force. Vegoils Pvt. Ltd.c. Workmen, (1971) 2 SCC 724. p.10 – The central government does not have to record that it has examined the issue of the prohibition of temporary agency work in factories taking into account each individual. The onus is on the person challenging the application to prove that the disclosure in question was made for certain foreign considerations or without regard to the relevant factors referred to in p.

10(2). J.P. Gupta v. Union of India, 1981 Laboratory IC 641 (Pat HC). § 10 (1) – A single notice prohibiting temporary agency work may be issued in respect of different establishments or establishments if the establishment and nature of the work are similar in all establishments. J. P. Gupta v. Union of India, 1981 Laboratory IC 641 (Pat HC).

Before the publication of the notice, the government examines the benefits offered and the working conditions of temporary agency workers. Another relevant factor involved is the nature of the work, whether it is perennial or not, the work can be done by employing a considerable number of nons. of the permanent worker, if the work is usually performed and if the work is to be performed for installation. (b) in the case of an establishment whose registration has been revoked in accordance with section 8, after the expiry of the period referred to in clause (a) or after the revocation of registration under clause (b), no principal employer of an establishment to which this Act applies may employ contract workers in the establishment. (1) Every person who obstructs an inspector in the performance of his or her duties under this Act or intentionally refuses or fails to grant the inspector an inspection, investigation, inquiry or inquiry authorized under this Act or this Act in respect of an entity or contractor to which this Act applies shall be liable to imprisonment for up to three months, or with a fine, which can be up to five hundred rupees, or both. (2) A person who intentionally refuses, at the request of an inspector, to present a record or other document kept under this Act, or who prevents or attempts to prevent or does anything that the person has reason to believe that would prevent a person from appearing before an inspector or from being examined by an inspector acting in accordance with the law in the performance of his or her duties, is liable to imprisonment for up to three months or a fine of up to five hundred rupees, or both. The State Consultative Council shall consist of a President, a Supreme Commissioner of Labour in his absence, a member appointed by the State Government and members of a maximum of eleven and at least nine members. .