Strictly speaking, yes, my dear anonymous friend. The term " worker " as defined u/s 2(l) of the Factories Act,1948 means a person employed , directly or by or through any agency including a contractor in any manufacturing process or in any other kind of work incidental to, or, connected with the manufacturing process.
However, a conjunctive reading of the deeming provision of "contract labor" u/s 2(1)(b) and the definition of the term "workman " u/s 2(1)(i) of the CLRA Act,1970 would give a negative answer to your query as the outsourced graduate staff, officers for the manufacturing activity may escape the ambit of the definition of sec.2(1)(i) by virtue of their supervisory capacity coupled with their salary.
From India, Salem
6016However, a conjunctive reading of the deeming provision of "contract labor" u/s 2(1)(b) and the definition of the term "workman " u/s 2(1)(i) of the CLRA Act,1970 would give a negative answer to your query as the outsourced graduate staff, officers for the manufacturing activity may escape the ambit of the definition of sec.2(1)(i) by virtue of their supervisory capacity coupled with their salary.
From India, Salem
Respected Umakanthan Sir,
I am little bit confused on the query by our anonymous friend at post #10 above as well your response to it.
I further want to confuse here by my this post. But, I am sure you will come out with some inputs.
After reading your response I could get what the queriest mean by CO Act. His question what I understood now is whether the outsourced graduate staff / officers engaged in manufacturing activity falls under CLRA Act or not.
Your answer to it, is yes - strictly speaking. But, you rightly said further that the conjunctive reading of the deeming provision of "contract labor" u/s 2(1)(b) and the definition of the term "workman " u/s 2(1)(i) of the CLRA Act,1970 would give a negative answer to the query as the outsourced graduate staff, officers for the manufacturing activity may escape the ambit of the definition of sec.2(1)(i) by virtue of their supervisory capacity coupled with their salary.
I just add to what you said to bring more clarity.
Apart from the nature of work i.e. supervisory capacity coupled with their salary, one has to see the clause of prohibition of employment of contract labour. Whether graduate staff, officers are engaged in core activity or ancillary, whether it is incidental to or necessary for and perennial. Whether the said work done ordinarily through regular workmen in that establishment and it is sufficient to employ considerable number of whole-time workmen.
But, in reality no one see all this things and contract labours / outsource staff are engaged for every activity. Many MNCs, PSUs, Private as well govt. banking sector, Courts are seen engaging Computer Programmers, Steno, Office Asst., Engineers, Technicians etc. through out source agencies.
I have seen even HR Manager as outsource employee.
Certainly the HR Managers and (the Engineers ??) not a workmen under CLRA by virtue of their work capacity coupled with salary. But question remains unanswered whether we can prohibit such kind of employment on contract or outsource on the parameter of prohibition clause.
From India, Mumbai
I am little bit confused on the query by our anonymous friend at post #10 above as well your response to it.
I further want to confuse here by my this post. But, I am sure you will come out with some inputs.
After reading your response I could get what the queriest mean by CO Act. His question what I understood now is whether the outsourced graduate staff / officers engaged in manufacturing activity falls under CLRA Act or not.
Your answer to it, is yes - strictly speaking. But, you rightly said further that the conjunctive reading of the deeming provision of "contract labor" u/s 2(1)(b) and the definition of the term "workman " u/s 2(1)(i) of the CLRA Act,1970 would give a negative answer to the query as the outsourced graduate staff, officers for the manufacturing activity may escape the ambit of the definition of sec.2(1)(i) by virtue of their supervisory capacity coupled with their salary.
I just add to what you said to bring more clarity.
Apart from the nature of work i.e. supervisory capacity coupled with their salary, one has to see the clause of prohibition of employment of contract labour. Whether graduate staff, officers are engaged in core activity or ancillary, whether it is incidental to or necessary for and perennial. Whether the said work done ordinarily through regular workmen in that establishment and it is sufficient to employ considerable number of whole-time workmen.
But, in reality no one see all this things and contract labours / outsource staff are engaged for every activity. Many MNCs, PSUs, Private as well govt. banking sector, Courts are seen engaging Computer Programmers, Steno, Office Asst., Engineers, Technicians etc. through out source agencies.
I have seen even HR Manager as outsource employee.
Certainly the HR Managers and (the Engineers ??) not a workmen under CLRA by virtue of their work capacity coupled with salary. But question remains unanswered whether we can prohibit such kind of employment on contract or outsource on the parameter of prohibition clause.
From India, Mumbai
Dear Korgaonkarji,
There is a vedic quote that no two scholars agree on the same issue. That's the problem of scholarly approach to a given issue. Unless and until any activity of an establishment is specifically prohibited by the appropriate Government u/s 10 of the CLRA Act,1970, no use in scanning the activity such as core, incidental, perennial or intermittent. Therefore, in such a case, what remains to be seen at first is whether the engagement of such outsourcing is through a contractor. Since the question is involving some people in the manufacturing activity of a factory, I said yes only to make the questioner understand the import of the meaning of the term "worker" as defined under the Factories Act,1948. Then what comes next is the question of the application of the regulatory provisions of the CLRA Act,1970 to such an engagement with a combined reference to the deeming provision of section 2(1)(b) and the definition of "workman" u/s 2 (1)(i) of the Act which would legally end up with a negative answer to the query as a whole.
Coming to your ultimate question dictated by the sense of equity and of justice, I think that this is yet another unanswerable question relating to the sphere of paid-employment in a market-driven global economy. The pointer is the recent amendment to the Standing Orders Rules legalising F.T.C employment.
From India, Salem
There is a vedic quote that no two scholars agree on the same issue. That's the problem of scholarly approach to a given issue. Unless and until any activity of an establishment is specifically prohibited by the appropriate Government u/s 10 of the CLRA Act,1970, no use in scanning the activity such as core, incidental, perennial or intermittent. Therefore, in such a case, what remains to be seen at first is whether the engagement of such outsourcing is through a contractor. Since the question is involving some people in the manufacturing activity of a factory, I said yes only to make the questioner understand the import of the meaning of the term "worker" as defined under the Factories Act,1948. Then what comes next is the question of the application of the regulatory provisions of the CLRA Act,1970 to such an engagement with a combined reference to the deeming provision of section 2(1)(b) and the definition of "workman" u/s 2 (1)(i) of the Act which would legally end up with a negative answer to the query as a whole.
Coming to your ultimate question dictated by the sense of equity and of justice, I think that this is yet another unanswerable question relating to the sphere of paid-employment in a market-driven global economy. The pointer is the recent amendment to the Standing Orders Rules legalising F.T.C employment.
From India, Salem
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THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970.doc
The Contract Labour (Regulation And Abolition) Haryana Amendment Act, 2016.pdf