Firstly, by virtue of amendment in Section 2(a) (ii) in 2010 of the ID Act 1947, dispute between a contractor and his contract workmen also considered as Industrial dispute and accordingly contract labour can raise industrial dispute.
Secondly, Supreme Court in SAIL v National Union Waterfront Workers and Ors., has confirmed that contract labour can be retrenched by contractor in conformity with the provisions of the I.D. Act.
I hope you got an answer to your query.
Under the above circumstances, you / your contractors would have taken some precautions keeping in mind the provision of Section 2(oo)(bb) by engaging the contract labours with appropriate contract document with them by the contractor.
I am Ambati Ramulu, I live in India at Machareddy, Dist: Nizamabad. I am Working in ABS INTERNET CAFF at Mandal Office Opposite in Machareddy Mandal, This is my Own. I do Passport Seva, Online Applications.
Sir if you have any Foreign free Visa Please send me details to my mail id, because so many members at my hand. Like Electricians, Office Boys, Helpers, Cleaners, Drivers, Mesons, Carpenters, Labors, Computer Operators, Kitchen Workers etc, please Co-Operative with me in this regards.
ABS INTERNET CAFE
VILL POST: MACHAREDDY
INDIA PIN: 503111
CELL NO: 9701682340
In view of the submission that you / your contractors would have taken some precautions keeping in mind the provision of Section 2(oo) (bb) by engaging the Contract labour document with them.Kindly share the Appropriate Contract document proforma / checklist to take way forward the matter to its logical conclusion.
Besides this, you need to work on resolution of this matter at your earliest with double speed as action was executed in removing contractor labours. Suggest you ask contractor , to pay FNF and take resignation and in return contractor will issue receipt of dues payment and acceptance letter etc to his labourers. Company name will not be in picture anywhere. Apply all wisdoms and tacts unitedly to start this process of settlement out of any govt machinery. If it starts with single person, it closes very fast and ends soon.So apply strategy and do this to avoid risk, cost and liability fast. After every labour has thus taken dues and on having declared on a Rs. 10/ stamp paper that individually matter resolved with contractor and he has no money whatsover is left/ due neither from company nor contractor, employer and employees relation ceases forthwith.Copy of this paper, contractor will deposit in labour office
For any draft and or any clarification, you can contact me.
LABOUR LAW ADVISER
Director-Future Institute of Engg and Management technology