Applicability Of CLRA Act - CiteHR
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Dear All,
Please guide me on the following.
If educational institution such as college has employed more than 10 contractual worker (for West Bengal) then whether CLRA act applicable to it and have to take registration and maintain all the registers.
Whether educational institution such as college will be covered under the definition of "Establishment" and if covered then please share the backing for the same.
"establishment" means-
(i) any office or department of the Government or a local authority, or
(ii) any place where any industry, trade, business, manufacture or occupation is carried on;
Your early reply will be highly obliged and thank you in anticipation.
Regards,
BJ

Dear BJ,

According to me, provisions of CLRA will be applicable to educational institutes employing contract labours.

In fact, educational institutes are excluded from the ambit of “industry” since the predominant activity of the educational institutes is teaching. But teachers are not “workers” as defined in the Act on the ground that it only takes in persons who are doing skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward. Though the incidental activity of the subordinate staff may be industrial activity but that by itself cannot alter the predominant character of the institution.

But in Bangalore Water Supply case, this was criticized by saying that education is a service to the community and hence, university (educational Institute) is an industry. The teaching staff of the University (educational Institute) was not held to be “workmen” but the non-teaching staff would come within the scope of the said term so that they are able to take the benefits under the Act.

Since the educational institute is an industry and the non-teaching staff would come within the scope of the said term "industry" which is included in the definition of "establishment" under CLRA, provisions of CLRA are applicable to non-teaching staff, in my contention. It is also a practice of law.

Dear Korgaonkar, Please share the case law of Bangalore Water Supply as refered by you in your replies as I need backing to prove my point. Regards, BJ
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