Does the Mathadi and Hamal Act Apply to Our Contract Labor for Heavy Lifting Tasks?

We are currently utilizing contract labor for tasks such as packing, lifting, and loading bags, each weighing between 40 to 50 kg, onto trucks. This entire process is managed by contract labor. I am curious if the Mathadi and Hamal Act applies to our company even though the Contract Labor Act is already in effect. Kindly provide your insights on this matter.

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 for unprotected manual laborers. It is applicable to establishments listed in a schedule attached to the said Act. Generally, it applies to loading/unloading workers. If the nature of your work involves similar tasks performed by your workers, the same regulations will naturally apply to you. However, if you employ regular workers whose job is exclusively loading and unloading, then their service conditions shall continue to be governed by your company's standing orders or rules framed similarly to standing orders. If the work is outsourced, the situation may not be different. This is because the principal employer will be responsible for any shortcomings in law enforcement by the contractor.

Regards,
Madhu.T.K

Details Regarding Contract Employees Act and Company Obligations

Could anyone provide me with information about the Contract Employees Act and the procedures involved in recruiting such employees? I am also interested in understanding the company's obligations in this regard. Additionally, I would like to know more about the Mathadi Hamal Act.

Regards,
Renuka

Dear myjob101,

If you have referred to the Supreme Court judgment relating to MATHADI, please share it with us because this forum is meant for sharing ideas. If all of us are able to refer to judgments, what is the use of the forum? Similarly, there may be a number of judgments, and if you can provide the citation like LLR/LLJ/SC with the page number, that would at least solve our problem. Without doing so, please don't blindly say "refer to the 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 Section 28 of the Mathadi Act talks about rules.

Hello, Attached is the rule.

You can download the required document from www.simpliance.in, a free online labor law library.

I hope you are looking for the 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 a self-employed proprietor in the elevator industry. I erect new elevators for small builders. Mathadi Hamals demand money for unloading my material even though I have my own contract laborers. Am I liable to pay them even if they do not unload my goods? Their demand is to the tune of Rs. 15,000/-. Please guide me in this regard.

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 a dispute, but you can approach the Labour Department or the Mathadi Board for protection.

Sir,

We are running a Premises Society in the Andheri, Mumbai area. Whenever any office is being renovated, or any furniture or other goods are being delivered to an office, the Mathadi kamgar Supervisor or any other Mathadi worker stops them from loading or unloading in our premises despite having their own workers for that task. Do Mathadi kamgar rules apply inside Premises Co-op Societies in Mumbai? Please guide us.

Please tell me the current rate of Mathadi labor and the rules governing Mathadi labor.

Thank you.

As per the Maharashtra Mathadi Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, all loading and unloading activities carried out in the scheduled employments listed in the schedule, which includes employment in factories, have to be done by the headload workers or mathadis who are registered with the Mathadi Board of the relevant area such as Mumbai, Thane, etc., where the factory is located. If the employer has engaged contractual workers for this work, they have to seek exemption from the Board for them. All labor laws are applicable to the mathadi workers, and the employer has to pay the salary along with cess to the Mathadi Board every month if the registered Mathadi workmen are engaged. Employment in markets, factories, and other establishments in connection with loading, unloading, stacking, carrying, weighing, measuring, filing, stitching, sorting, cleaning, or such other work, including work preparatory or incidental to such operations, is carried out by workers not covered by any other entries in the schedule.

Dear HR Fraternity, we engaged a couple of years back with the "Mathadi Gang/Tolis" affiliated with the Maharashtra Mathadi Board in Mumbai for loading/unloading work of construction materials at our construction project site. Now, the management wants to terminate the existing Mathadi Gang/Tolis and appoint another Mathadi Gang/Tolis. Request to the HR fraternity: please enlighten us on the steps/process/procedures to terminate the existing Mathadi Gang/Tolis at the construction site.

Substance
We have mobilized some contract workers from other projects/construction sites for loading and unloading work of construction materials due to the completion of that particular project.

Regards,
Anil

Dear All,

As per members' request, I am sharing the Supreme Court judgment in the KK Embroidery case on MATHADI.

Is the Mathadi Act applicable when our employees themselves carry out the loading and unloading of materials as well as end products as part of their regular work?