Dear Mr. Saha,
Greetings …..
When you are putting up a query you have to provide maximum information relating to the issue for one to understand the exact nature of the problem. Here you are silent on the type of industry you are operating in. In fact that is the factor that decides the “Appropriate Authority” for you either as “Principal Employer” or as “Contractor”. Tussle between Central Labour Office and State Labour Office is perpetual. Both the authorities, however, would never face each other even in a Court of Law.
I wish to quote an incident here when a Civil Construction Company was entrusted contract for Pile Foundation and Construction of Civil Works by ONGC in connection with building of Staff Accommodation. As was known even to ONGC as well, they asked the Contactor to contact the Central Labour Office and issued FORM V to them. The Contractor accordingly submitted and obtained Licence under the Act from Central.
Problem started when the State Labour Office peeped into the work activities at site and issues a “Show-cause” leading to prosecution for “Not obtaining License” from State and charged the Contractor with heavy Penalty. There were protests both from the Contractor and the Principal Employer and the case went to adjournment for decision of an Arbitrator. After nearly 1.5 years it was decided that though ONGC is in Oil & Gas Sector, the very nature of the Contract work executed (Pile Foundation and Construction of Civil Works) has no connection with Oil & Gas and hence, it has to be State Labour jurisdiction.
So, kindly be very specific with you queries please.