Dear Sir
I Would like to know we are O&M contractor of Client company. Client company has 35 employees and we are contractors and we have 258 employees. but I would like to know in this case weather canteen facilities should be provided by client company or by contractor company.
Require your suggestions
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I would request you to go through sections 16 and 20 of the CLRA Act,1970.
Section 16(1)(c) requires the contractor to provide for and maintain one or more canteens wherever 100 or more no of contract labor is ordinarily employed by the contractor.
Section 20 imposes vicarious liability on the part of the Principal Employer in case of failure to do so in time by the contractor and empowers him proportionate deduction from the amounts due to the contractor concerned.
I hope that you understand the position now.
Dear Sir (Umakanthan)
Thank you for your prompt reply. Yes i have gone through the above sections but i would also like to say that factory act 1948 section 46 it is mentioned "The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers"
Factory act is Governing act so we should follow this act? there is big confusion. kindly help with this.
As per the information provided by you, in your Client Company Strength of Workers-Regular & Contract is more than 250 Employees.Consequently, principal Employer has to provide Canteen Facilities to the Workmen
I do agree with the observation of the learned friend Srinath. By virtue of the definition of the term "worker" under the Act, the no. of labor including Contract labor, casual labor etc., is included in the maximum no of workers to be employed in the premises for the purpose of grant of registration and licence under the Act.
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