who pays the salary to the
contractor labour and who has the control and supervision on the work of such
employee. It is for the contract labour to prove that he was directly employed
by the principal
employer and not the contractor.
General Manager (OSD), Bengal
Nagpur Cotton Mills, Rajnandgaon vs. Bharat Lal & Anr. 2011 LLR 113: 2011
(128) FLR 560 (S.C.)
Employees of agencies running Govt.
hostels can’t claim status or salary at par with the State Govt. employees.
State of Rajasthan and others vs.
Daya Lal and others. 2011 (128) FLR 928 (S.C.) In view of MRTU & PULP Act
and Bombay Industrial Relations Act, matter is referred to larger bench to
decide whether a person
who is employed by a contractor
to undertake the work of principal employer, is an employee under the Act?
Raymond Ltd. & Another vs.
Tukaram Tanaji Mandhare & Another. 2011 LLR 374 (S.C.)
When workers shown as contract
labours but found as sham, must be presumed to be workers of principal employer
and is such case reference is maintainable.
Airports Authority of India vs.
Indian Airport Kamgar Union and others. 2011 (128) FLR 236 (Bom. HC)
Contractor labours engaged in a
factory which is a scheduled employment under minimum wages act will be
entitled for minimum wages of that establishment.
Sirpur Paper Mills Ltd. and
Others vs. Government of A.P. Rep. by its Secretary, L.E.T. & P. Department
and Others. 2011 LLR 250 (AP HC)
Female partners of construction
firm not involved and responsible in the management of business affairs can't
be prosecuted for violation of provisions of contract labour act.
M/s. Kamala Construction Company
Through When it was held by labour court that subterfuge was resorted to by the
employer to show that the workmen concerned were only of a contractor, SC found
no infirmity in the judgment of labour court and high court. SC deplored such
practices of employer.
Bhilwara Dugdh Uptadak Sahakari
S. Ltd. vs. Vinod Kumar Sharma Dead by LRs & Ors. 2011 LLR 1079 (SC)
To get relief of reinstatement
against principal employer, contract worker has to prove that he was directly
paid by principal employer and not contractor.
General Manager (OSD), Bengal
Nagpur Cotton Mills, Rajnandgaon vs. Bharat Lal & Anr. 2011 I CLR 1 (S.C.)
In determining relationship
between principal employer and contract labour, two determining factors are to
be seen-Rajendra Prasad Singh and Others. vs. State of Jharkhand and Another.
2011 LLR 424 (Jharkhand HC)
Industrial tribunal can't direct
the management not to terminate the services of contract labour pending dispute
of regularisation.
Batra Hospital Employees Union
(Regd.) vs. Management of Batra Hospital & Medical Research Centre &
Ors. 2011 LLR 682 (Del. HC)
Employees of the contractor can't
be thrusted upon the principal employer merely because the contractor did not
obtain the requisite licence under Contract Labour Act. For such violation,
action against the contractor can be taken under sec. 23 of the Act.
Merely because the principal
employer paid bonus to the contractor workers, it will not establish the master
servant relationship between principal employer and contractor labour.
M/s Indian Iron & Steel
Company Ltd. (Burnpur Works, Burnpur) vs. State of West Bengal & Ors. 2011
LLR 771 (Cal. HC)
Railway canteen employees getting
all benefits where it is mandatory to have a statutory canteen, will be treated
as railway employees from the years of their joining.
Mohan Singh & Ors. vs.
Chairman, Railway Board & Ors. 2011 LLR 319 (Del. HC)
