Can Mathadi Hamal Act Applicable? - Pdf Download

Dear Sir
We are engaging contract labour for packing, lifting & loading of 40 to 50 kg bags in to truck, this process carry out by through contract labour.
Is Mathadi & Hamal will applicable to the company? Even contract labour Act already applied.
Pls enlighten on.



Regards
Sacheein

Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969, is an Act passed with a view to ensuring better service conditions to unprotected manual labours. It is applicable to establishments coming under a schedule attached to the said Act. Generally, it applies to loading/ unloading workers and if by nature of your work, your workers are doing similar job, naturally the same will apply to you. However, if you have regular workmen whose work is exclusively loading and unloading, then their service conditions shall continue to be governed by your company's standing orders or rules framed similar to standing orders. If the work is outsourced, then also the thing may not be different. This is because, the principal employer will be responsible for any lacuna in enforcement of law by the contractor.
Regards,
Madhu.T.K

Hi,
Sub; Can any one give me the details about contract employees act or if any procedure is there while recruiting and wat is company obligation. also lt me know mathadi Hamal Act.
Regards
Renuka

Dear myjob101,
If you have referred to the Supreme Court judgment relating to MATHADI, please share with us because this forum is meant to share ideas and if all of us are able to refer to judgments what is the use of the forum. Similarly, there may a a number of judgments and if you can give the citation like LLR/LLJ/SC with page number, that would at least solve our problem. Without doing so, please don't blindly say "refer to Supreme Court".
Regards,
Madhu.T.K

There is nothing wrong in engaging Hamalis or loading unloading workers by means of a contract with an outside contractor. In such cases, the contractor will be the employer in respect of such workers and the contractor will have to take care of the welfare measures envisaged under the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. However, being the Principal employer, the ultimate responsibility will be on you only.
Regards,
Madhu.T.K

Dear All,
Are there any rules related to mathadi kamgar? Because sec. 28 of mathadi act says about rules

Hello,
Attached is the rule.
You can download required document from www.simpliance.in, free online labour law library.
Hope you are looking for same file.

Thanks @Rakshita. But the attached copy seems to be the Act. I want to know whether there are any rules for Mathadi Kamgar?

I am self employed proprietor in elevator industry. I erect new elevators for small builders. Mathadi Hamals demand money for unloading my material even though I have my own contract labours. Am I liable to pay them even if they do not unload my goods? Their demand is to the tune of Rs. 15000/- . Please guide me in this regards.

If you have workers to unload and load the goods you can engage them and there is no need to pay any charges to mathadi workers. It may lead to dispute but you can approach the Labour department or the Mathady Board for protection.