I am working with one of the known Company . Here a case which i need to dicuss with you all and need a solution based on true fact
Case
The case starts 12 years ago
x is a principal employer they given the contract to y company for operating their Plant. Again y hired a Sub Contractor z and they were operating the plant . z worked with the plant till 4 years after that he left the job again Company y hired a new contractor K but the Labour Which was working in the plant, remains same, again they worked for 5 yers then again the sub contractor is changed Now after this 12 years Now labour is demanding to Principle Employer to Make them permanent Empoyee of x company and also demands this permananency claim from the date of appointment
Now the question
what will happen if this case go to the authority ,
1 . How much chances of winning the Case in favour of Principle Employe
2 . If the principle employer loses the case then what could be the liabelity on Contractor
From India, Gurgaon
Case
The case starts 12 years ago
x is a principal employer they given the contract to y company for operating their Plant. Again y hired a Sub Contractor z and they were operating the plant . z worked with the plant till 4 years after that he left the job again Company y hired a new contractor K but the Labour Which was working in the plant, remains same, again they worked for 5 yers then again the sub contractor is changed Now after this 12 years Now labour is demanding to Principle Employer to Make them permanent Empoyee of x company and also demands this permananency claim from the date of appointment
Now the question
what will happen if this case go to the authority ,
1 . How much chances of winning the Case in favour of Principle Employe
2 . If the principle employer loses the case then what could be the liabelity on Contractor
From India, Gurgaon
This is settled law that contract labour can not claim for permanacy as a matter of right, the appropriate govt only can abolish the contract labour system under section 10 of CLRA. Our Hon'ble Supreme Court in number of case viz SAIL V/s UOI, Air India Case etc many more, but SAIL judgement was delivered by 5 judges bench is bench mark case in this field.
The appropriate govt only can abolish or regulate the contract labour in particular establishment by considering lot of factors like nature of work if perenial , suprevision and control of the workmens, sham agreement etc etc.
However, for fresh recrutment principle employer may give preference to the earlier employee.
regards/sanjay
87The appropriate govt only can abolish or regulate the contract labour in particular establishment by considering lot of factors like nature of work if perenial , suprevision and control of the workmens, sham agreement etc etc.
However, for fresh recrutment principle employer may give preference to the earlier employee.
regards/sanjay
I am very thankful to you sanjay to share your view with us ,
But what,s your opinion about because this case has been transferred to Concillation Comitee . So. what can be the decision of Concillation Officer in this
From India, Gurgaon
But what,s your opinion about because this case has been transferred to Concillation Comitee . So. what can be the decision of Concillation Officer in this
From India, Gurgaon
Dear Aunupam. I already said concilliation committee has only power to abolish the contract labour system in your establishment but can not ask to take contract worker on roll. Br//sanjay
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