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Mr .Avinash
Mr.Harikrishnan hit the issue on it's head. he is absolutely right. CLRA Act is not applicable to Residential/Housing Society since it is not an establishment. You can now breath easy,.
B.Saikumar
HR & Labour Law advisor
Mumbai
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By the way, what do you mean to convey by the term "COMMITTED" as used in phrase "Committed members"?
Dear Dhingraji, Its not COMMITTED MEMBERS, its COMMIITTEE MEMBERS of Housing Society. its spelling mistake from my side apologies for the same. Regards,
Hi,
Thanks for your clarification. I was able to guess that rightly, but I preferred to get clarification so that I may not misunderstand the term before I reply.
About reply to your query, if a contract labourers have been engaged by the Committee Member in his individual capacity to repair and paint his own residential house, the Society is not at all involved in official capacity for that. So, the Society cannot be treated as the Principal Employer. The Committee Member himself would be responsible for implications of any legal provisions.
However, if the Committee Member has employed contract labourers through a labour contraactor on behalf of the Society, the Society would become the Principal Employer in official capacity. But, if the said Committee Member is responsible for the supervision and control of the contract labour establishment on behalf of the Society, he would be treated as the Principal Employer.
Dear Sir,
Repairs and painting work to a building by a contractor comes under intermittant work of casual nature. Even the Contractor engaged 20 contract labour for
this purpose. The Contract Labour (R&A) Act will not apply.
D.Gurumurthy
LL,HR & IR Consultant
Dear Mr.Gurumurthy
Can you please indicate the statutory provision for your proposition that the Contract Labour(Regulation and Abolition) Act will not apply to intermittent work of casual nature undertaken by a contractor.
With regards
akatrap,
also see that the contract agreement is for completion of the work only or as engaged as
one of the ongoing activity under Maintenance department of co-operative housing society?
If contractor for for "few days" then its based on agreement and contractor is responsible for
any compensation in case of accident. Experts, pls guide.
Dear Avinash
I have been going through various posts on this subject and no body has addressed the basic issue except Mr.V. Harikrishnan. As he has elaborately explained in his post as to why the CLRA is not applicable to a housing soceity, you can go by his views.
B.Saikumar
HR & Labour Law adsvisor
Mumbai
Dear Mr. Harikrishnan Can u pls post on CiteHR the said case judgement copy of Powar Vs LEO (C) reported in 1993 (66) FLR 833 ( Kerala) Thks, AK SHARMA
Dear Avinash, Mr. Harikrishnan and Mr. Dhingra are absolutely right CLRA cannot be applicable on housing society by any stretch of imagination as there is no commercial activity involved in it.
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