Curious About Labour Law? Help Needed with Campus Recruitment Questions

Hi all, The following questions were asked to one of my friends during campus recruitment. I would be more than thankful if anyone can answer the same, justifying the reason behind the answer. (I could not find the answer)

Q- What section under the Factories Act cannot be amended?

Q- What should be the distance of a liquor shop from a workshop? I was told 250 meters, but again do not know which act, which section

Q- Do service providers need to take a contractor's license? My answer: Service providers should take a contractor's license, provided they contribute to the cause and the result of the establishment concerned. As a matter of fact, even the sub-contractors are supposed to take a contractor's license. Correct me if I am wrong.

Q- Does the CLRA Act apply in software industries?

Q- Can teachers of an institute form a trade union? My answer: No, because an institute does not come into the purview of the definition of a trade union, as the institute does not regulate the relation between the employees and employers. Correct me again if I am wrong.

Kind Regards,
Ritesh

Though this is a very old post, I saw it today for the first time. It is confusing to see there are no replies or comments on this. There is nothing in the Factories Act which cannot be amended by the Parliament of India, which is the supreme law-making body.

Regarding the distance of liquor shops, I have no idea. As for service providers, I am not exactly sure, but I think it will depend on the type of service one is providing. There are certain services listed in the Contract Labour (Regulation and Abolition) Act.

The CLRA would apply to the software industry, and there is no bar. Any seven employees coming together can form a trade union; teachers can do so as well. We have huge unions of teachers at all levels - schools, colleges, and so on.

Do Service Providers Need to Take a Contractor's License?

I feel it will depend upon the kind of services the service provider is required to provide. In case the service providers' employees or representatives are required to work in the principal's office or factory, then the service provider must take a license under the CLRA Act.