Senior Hr Executive
Kritarth Consulting
Spl Educators Posh Programs
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Dear All,
My querry is that we have taken a licence of 100 contractor workmen. The contarctor has appointed Three supervisors in all the three shift to supervise them.
Whether these three supervisors are to be included or excluded in 100 workmen licence totalling.
Chander S.Sharma
8th November 2013 From India, Patiala
Hi, It should be included. Whatever the number of contract workmen working inside the premises, whether it is a supervisor or any other form, it should be included...
9th November 2013 From India, Chennai
Supervisors are not covered if their wages is more than the limit prescribed in the Act. Read the relevant sec. of Contract labour regulation & abolition Act.
9th November 2013 From India, Lucknow
Dear Chander S.Sharma,

"workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, 9 that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute, but does not include any such person--

(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii) who is employed in the police service or as an officer or other employee of a prison; or

(iii) who is employed mainly in a managerial or administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.

So, if the Gross Salary of those supervisor is below Ten Thousands rupees, then they will covered under Workman category and thus you have to include them under CLA Act.

Hope this will help you.
9th November 2013 From India, Delhi
Dear Mr Sharma,
Your Query: Whether 3 Supervisors are to be included or excluded in the Total No of 100 C L License applied for and issued by the Authority?
Position: Are they( the 3 Supervisors in question) Permanently Employed on the Muster Roll of the Contractor
or they like other 97 C L shall stand terminated once the Work-on-Contract is over or the License is
not Renewed.Yo will have the answer when you examine the facts of the case
Kritarth Consulting Pvt Ltd
9.11.13, 1.45 p.m
9th November 2013 From India, Delhi
Query is straight. A Company has appointed a Contractor, who will supply 100 workmen to a factory. Whoever comes, inside factory gate, with a badge of Contractor, will be Contractor’s employee. He may be workman, or supervisor, total number should not exceed 100, since licence is taken for 100 persons.
They may be considered under different rules/act, or they may be on muster roll of contractor or not, their wages may be anything… total number of contractor’s persons entering factory gate should not exceed 100.
The Question, whether they are on muster roll of Contractor or not, does not arise.
11th November 2013 From India, Mumbai
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