Sr.executive (per & Adm)
Korgaonkar K A
Private Consultant On Labour Laws
Man Management Functions
You are requested to view below given link. You will get answer to your query there.
30th July 2014 From India, Mumbai
I wish to advice you that before raising any query,please have patience to go through at least the bare Act & Rules.I am sure you will start raising the meaningful querries,which shall be beneficial to others too.I am sorry if I am hurting you but if you could have gone through the Inter-State Migrant Workmen(RE&CS) Act,1979 at least once,you wouln't have probably raise this query.Now coming to your query,the Act applies to (a) to every establishment in which five or more inter-state migrant workmen (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months (b) to EVERY CONTRACTOR who employs or who employed five or more inter-state migrant workmen (whether or not in addition to other workmen) on any date of the preceding twelve months.
With the above, I think you need to understand as to who are coming under the category of inter-state migrant workmen.The inter-state migrant workmen has been defined under Section 2(e) of the Act which includes 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 establishment.
Please take my in no way that I wanted to discourage you.
31st July 2014 From India, Mumbai
It is a privilege to this forum to have a member like you, Sir. You are a Professor, Advocate & solicitor. I will definitely have very high respect about you. Members of this forum will be highly benefited by your participation in the discussions in this forum.
While looking for your continuous participation here, I would like to know from you that how the Interstate Workmen are monitored by Contract Labour Regulation And Abolition Act?
31st July 2014 From India, Mumbai
1st August 2014 From India, Nellore
I was delighted to read your mail clarifying the applicability of the Inter-State Migrant Workmen(RE&CS) Act,1979. I agree that the workmen who are employed by the Company are not coming under the purview of the above said Act. The reason may be that the inter-state migrant workmen are engaged in the unorganised sector and are more prone to exploitation.The objectives of the Act is to regulate the employment of inter-State migrant workmen and to provide for them proper service conditions .
We look for your continued contribution,which I am sure will be beneficial for everybody.
2nd August 2014 From India, Mumbai
Mr.B.K.Kalso\i, has given his opinion in Broadway not only in your own interest but also in the interest of readers in thread. Thanks to Mr. Kalsi. After reading your opinion, I felt no need to refer the Act. In the meantime I do not think the Inter state Migrant workers act is being monitored under Contract Labour (Regulation & Abolotion) Act, 1970 and thereunder Rules, 1971. As the Interstate Migrant Workers Act and Contract Labour (Regulation & Abolotion)Act shall have separate enactments and not linked each other. Mr.Keshav Korgaonkar has also mentioned his opinion in this thread. I am agree with his view.
Sr.Executive (Pers, Admin & IOnd.Rels) Rtd
Labour Laws Consultant
4th August 2014 From India, Bidar