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Dear P. Vathiraj sir,
As per point no 4 mentioned by you, my question is - does the word "employee" here refer to a person employed by the CONTRACTOR or the PRINCIPAL EMPLOYER?
For example, if a principal employer does not engage any contractor, but the Migrant Workmen are directly recruited by an employee under his company's pay-roll - say an HR executive - whether the terms of employment be express/implied, then would that employee be treated as a contractor within the meaning of Sec 2 (1) (b) of the Act?
Again, if so, then should the Principal Employer be liable to the same set of compliances that any other contractor would necessarily have to oblige, to avail a valid licence, as the essence of the Act is to protect the interests of the Migrant Labourer and not those of the employer .
Thank you for your time and efforts.
Lamshwa K. Nongrum
Meghalaya.

From India, Aizawl
Halo Sirs,
I am a researcher interested in looking into the utility and rationale of the Act in discussion here. Most importantly its functioning which could be aligned with the scholarly area of sociology of law!
Could you people please show me the way how to proceed with this. My tentative universe of research may be Surat District in the state of Gujarat.
Regards,
Nitin K Shahi

From India, undefined
Kindly confirm which form is required for annual returns under ismw(central) act 1979
From India, undefined
I want to be registered as an employment agency in banglore , i am from MP.
what are the licenses i will need and what are the authorities with whom i have to deal.
Please provide accurate information regarding the same.

From India, undefined
Hello,
Pls visit, www.simpliance.in, free online labour law library.
Here you will get labour law experts help for your queries.

From India, Bengaluru
Dear Sir,
One question so many answer please i would like to inform you that dear members if you know complete knowledge in labour law please guide or otherwise dont confuse others with half baked knowledge above said answer clearly your knowledge if you guide others please go through the Act Book

From India, Coimbatore
Hi Friends,
I have been going through all the postings of this thread and understood many points. I want to have a clarity on one aspect though the posting was so long period.
I work in an Infra Company and our PE is a Government client. We get work order from PE and we give it to a sub contractor to finish the job. Here our sub contractor is getting manpower from different states to full fill the job of our project but the sub contractor is not engaging the workers on the condition that he is providing employment in another state as a recruiting agent. To get his job done, he is engaging from different states, in this case we as principle contractor do we need to obtain Inter State license and maintain norms of ISWC and all those registers,
Please confirm me.
Thanks,
Ravindra
Manager HR

From India, Hyderabad
The act is very clear, it applies to workmen migrated from one state to other state for an engagement in a particular project job.
But our regulatory authority under the Act, they interprete as " people belong to other state as the workmen under ISMW'' even though not migrated but a domicile person of the state".
In big construction project of 5-6 years duration large number of workmen are being engaged and they come from differen states. During their stay they changed their contractor for other for better rate & facilities. In many cases they live in that place, own house & do petty business.
Workmen of such category if being engaged would fall under which category?
The ISMW Act applies to (i) any establishment in which five or more inter-state migrant workmen are employed or who were employed on any day of the preceding twelve months; and (ii) every contractor who employs or who employed five or more inter-state migrant workmen on any day of the preceding twelve months.
For the purpose of the ISMW Act, an inter-state migrant workman means any person who is recruited by or through a contractor in one state under an agreement or other arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer in relation to such an establishment.
Similiarly, the workmen of Mohan does not fall under ISMW category, still authority under the act to be made understood by the Principal Authority.
I had an experience of engaging 45000 workmen out of which 30000 were from difrent states for our mega project but without ISMW. The authority under ISMW were satisfied that there was no migration rather workmen came in search of better scope for their skill, neither contractor nor any agency induced them.

From India, Mumbai

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