Respected sir,
Please advise on the following doubts:
Registration under ISMW Act 1979
1. Fifty workmen from other states on regular rolls have been working with our establishment. In Telangana, is it required to register my establishment under the ISMW Act 1979?
Licensing for Contract Workmen
2. One of the contractors has 20 contract workmen from Andhra Pradesh, Jharkhand, Bihar, and Odisha. The contractor has not recruited from these states directly; instead, they approached him from neighboring industries and submitted their applications. Based on the requirement, he has engaged them. In this scenario, does the contractor need to obtain licenses from all the states?
Responding to Inspections
3. How should we respond to the authority during the inspection?
Kindly advise me, please.
From India, Nizamabad
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8Please advise on the following doubts:
Registration under ISMW Act 1979
1. Fifty workmen from other states on regular rolls have been working with our establishment. In Telangana, is it required to register my establishment under the ISMW Act 1979?
Licensing for Contract Workmen
2. One of the contractors has 20 contract workmen from Andhra Pradesh, Jharkhand, Bihar, and Odisha. The contractor has not recruited from these states directly; instead, they approached him from neighboring industries and submitted their applications. Based on the requirement, he has engaged them. In this scenario, does the contractor need to obtain licenses from all the states?
Responding to Inspections
3. How should we respond to the authority during the inspection?
Kindly advise me, please.
From India, Nizamabad
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Understanding the Definition of Interstate Migrant Workman
If analyzed strictly in the backdrop of the definition of the term "interstate migrant workman" under section 2(e) of the Interstate Migrant Workmen Act, 1979, no regular workman working in any establishment situated in a state other than his home state would be considered an ISM workman.
Role of the Contractor and Migration Character
Similarly, the mere presence of an intermediary, viz., the contractor, between the workman of one state and the employer of another state cannot determine the migrant character unless the feature of recruitment under an agreement or other arrangement for employment is present. For instance, if a workman migrates on his own to another state for employment and meets a contractor, and the contractor engages him in any of his contract works, the feature of migration for employment solely in a particular establishment is not there. Additionally, his employment conditions are regulated under the provisions of the CLRA Act, 1970.
Conclusion on ISMW Classification
Therefore, in my opinion, such workmen from other states who have already moved to another state and are getting enrolled under a contractor on their own volition, and by virtue of this enrollment are deputed to any establishment in the state where the contractor has a work contract, cannot be deemed as ISMW.
From India, Salem
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If analyzed strictly in the backdrop of the definition of the term "interstate migrant workman" under section 2(e) of the Interstate Migrant Workmen Act, 1979, no regular workman working in any establishment situated in a state other than his home state would be considered an ISM workman.
Role of the Contractor and Migration Character
Similarly, the mere presence of an intermediary, viz., the contractor, between the workman of one state and the employer of another state cannot determine the migrant character unless the feature of recruitment under an agreement or other arrangement for employment is present. For instance, if a workman migrates on his own to another state for employment and meets a contractor, and the contractor engages him in any of his contract works, the feature of migration for employment solely in a particular establishment is not there. Additionally, his employment conditions are regulated under the provisions of the CLRA Act, 1970.
Conclusion on ISMW Classification
Therefore, in my opinion, such workmen from other states who have already moved to another state and are getting enrolled under a contractor on their own volition, and by virtue of this enrollment are deputed to any establishment in the state where the contractor has a work contract, cannot be deemed as ISMW.
From India, Salem
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Interstate Migrant Workmen (Central) Act, 1979.pdf