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Dear All, I extremely thankful to you all for airing your views and helping me to reply to the Observations of Statutory Authorities. With Regards N.Mohan
From India, Bangalore
I had taken labour license of 100 No. form Maharashtra after-that from other state i have taken 100 workers for which i had taken Migrant license, now the total strength of workers is 200. now my issue is that my client insist me to amend your labour license again by 100 nos. because your total strength is 200, migrant will not considered.
So should i amend the labour license for 100 or what i had done is right now is correct ?
please let us know your views or what is right as per ac
regards
Jayraj Dutal
7350014235

From India, Pune
Your contract labour license is irrespective of whether you have a migrant license. So you need to increase the number in the license to 200. I am surprised that your client waited so long.
From India, Mumbai
Dear all,
As per my understanding of Sec 2 (b) of the Act, "whoever recruits or employs workmen" falls under the purview of the same. Hence whether principal employer or contractor, registration is a must. but Sec 2 (e) brings about ambiguity in the Act, as an Inter-State Migrant Workman should invariably be recruited by a contractor only, for the Act to be applicable.
Previous participants in the discussion have completely ruled out the need for employers to get registered on the basis of Sec 2 (e).
Kindly indicate whether any Honourable Supreme Court/High Court judgement have been passed to such effect.
Regards,
L. K. Nongrum

From India, Aizawl
Dear all,
It has also arisen that a contractor is defined by the Act to be, inter alia, an EMPLOYEE {Sec 2 (1) (b)}. Does this mean that an "employee" of the principal employer, who recruits inter state migrant workmen, on behalf of the principal employer, whether with or without his knowledge, is a contractor within the meaning of the Act? if not, then who is an employee under Section (1) (b) of the Act???

From India, Aizawl
I hope you realise that this thread is more than 2 years old.
Anyway, the applicability of the interstate migrant workers act is to the contractors and has nothing to do with the principal employers. The registration is for contractors in the state from which he is recruiting. The principal employer again is not involved in that.
The contractor is required to take a normal labour license in the state where the labour is employed, as he falls under the contract labour act. The principal employer is required to get registered under contract labour act and not under interstate act. In the above case, the principal employer is already registered.

From India, Mumbai
Dear Saswata ji,
You need to read the Act and correct yourself. I know it is totally not appropriate to tell this to one of the Senior Members and that to by an ordinary member like me. I am sorry for this.

From India, Mumbai
By all means, it is totally appropriate to tell someone if he posts wrong, and seniority matters less. I am here to learn from the forum.
Please tell me in what way I am wrong. (Meaning ofcourse my post above)

From India, Mumbai
Dear Team,

Let us read the Act in between the lines and understand the concept in its own essence and not in bits and pieces of various sections

1. It applies to every establishment, which employed or employs five or more interstate migrant workmen, on any day, of the preceding twelve months (Sec 1 (4) (a)).

2. Similarly, it applies to every contractor who employs or employed five or more interstate migrant workmen, on any day, of the preceding twelve months (Sec 1 (4) (b)).

3. Principal Employer means any person who is responsible for the supervision and control of the establishment (Sec 2 g (iv).

4. Contractor means a person who undertakes (whether as an independent contractor, agent, employee or otherwise) to produce a given result for the establishment (Sec 2 (b)).

5. Establishment means any place where any industry, trade, business, manufacture or occupation is carried on (Sec 2(d) (ii)).

6. Inter-state Migrant Workmen means any person who is recruited in one State for employment in an establishment in another state, by or through a contractor.

Now, as per Section 4 of the Act, one need to register an establishment who employs five or more inter-state migrant workmen as per Sec 1 (4) (a), which is called a Certificate of Registration (RC), in Form I.

The Contractor needs to apply license for recruitment in Form IV in the state where recruitment is made as per Sec 8 (1) (a) and apply a license for employment in Form V in the state where he is/was employed as per Sec 8 (1) (b).

Here, I would like to clarify one and all that -

(a) a Contractor cannot become a Principal Employer as per Sec 2 (b) and 2 (g) (iv) of the Act.

(b) A Principal Employer, by virtue of owning the responsibility for the supervision and control of the establishment has to take RC as per Sec 4 (1) of the Act.

(c) A Contractor, who employs five or more inter-state migrant workmen by recruiting him in one state to work for an establishment in other state, has to obtain a license (a) for recruitment in the state of recruitment and a license (b) for employment in the state of employment.

(d) Both- the Principal Employer and Contractors have to fulfill certain obligations while employing an inter-state migrant workmen.

I hope the applicability part is cleared. Healthy discussion is welcome

P. Vathiraj

From India
Dear Saswata ji,
Hope you get where your were wrong.
I was waiting someone else to give correct answer. Mr. Vathiraj did it. Thanks to him.
We are all here to learn from each other. During my journey of more than 5 years now, I learn lot of things from every member who contributed in this forum including you Sir. I have no intension to hurt you Sir but to request all the members that one should check himself the correctness before posting. Views or interpretation of law may be different but fact of law can not be different.
I remain.....

From India, Mumbai

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