Get in touch with the Labour commissioner office, talk with any clerk of licencing office, he/she will guide you well in the said matter.
18th July 2013 From Singapore
As per CLRA, Only Principal Employer is authorized to issue Form V to contractor/ sub-contractor but before issuing Form V, he should get himself registered under CLRA and obtain Certificate of Registration for the Establishment.
Principal Employer is not suppose to issue Form V without obtaining valid registration under the CLRA, if the same is being issued then such Form V has no existence in Law.
You can take Form V from PSU and apply for fresh Licence with Central Authorities, in such a situation it will be a case of wrong authority instead of no licence and for wrong authority issuer of Form V shall be held responsible not you because as per contractual obligation you should follow instructions of your client.
Subsequently you can also take up suitably the matter with state authorities that how they had issued Licence when Form V was not valid, if issued they now they have no right to refuse renewal of the same.
23rd July 2013 From India, New Delhi
(Mr. Kapil & Mr Harshil)
Firstly let me thank you for the time taken for my issue and the valuable advise given.
The home work is done and obtaining the licence from the central Labour authorities or renewing from the state labour authorities can be managed. Either by getting the state Elec board to register itself, or obtaining a fresh form V from the PSU is almost resolved.
Considering the legality and the operational difficulty arising in the jurisdiction, of both the authorities, viz.,
1. Few employees approach the state labour commissioner and a few the Central Labour tribunal for the redressal of grievances.
2. The monitoring and inspection of both the authorities, exercising the administrative rights
can an employer deny / oppose the validity of the jurisdiction of the particular authority with whom the licence is not obtained
25th July 2013 From India, Secunderabad
Site will be governed by the authorities who have issued Licence so i don't think there will be any dispute with respect to Jurisdiction.
It may be a case of wrong authority but not of no licence. Authorities can't blame you for taking licence from state as you have approached state authorities as Form V has been issued by State Electricity board. It is duty of Principal Employer to issue proper Form V for the purpose of obtaining Licence & Legally PE is responsible for this not you as a contractor.
25th July 2013 From India, New Delhi