Why Doesn't the Industrial Disputes Act Apply to Contract Workers?

Industrial Disputes (ID) Act and Contract Workers

I heard that the Industrial Disputes (ID) Act is not applicable to contract workers. What is the justification for this statement?

Thanks in anticipation.

Who said this? This is a wrong statement. The ID Act is applicable to all workmen.

Regards,
T. Sivasankaran

There is some misunderstanding, maybe, when the contract workers raise an industrial dispute. The stand taken is that there is no employer-employee relation between the company and the workmen. However, the Industrial Disputes (I.D.) Act is applicable to all establishments that come within the purview of industry, as enshrined in the judgment of the Bangalore Water Supply and Sewerage Board. This judgment encompassed even Tirupati Devasthanam to be considered an industry.

Regards

The Industrial Dispute Act extends to the whole of India (except Jammu and Kashmir) and applies to every industrial establishment carrying on any business, trade, manufacture of goods, and services, irrespective of the number of workmen employed therein. Every person employed in an establishment for hire or reward, including contract labor, apprentices, and part-time employees, to do any manual, clerical, skilled, unskilled, technical, operational, or supervisory work is covered by the act.

Regards,
Thirumurugan

If there is the concept of an employee-employer relationship between the principal employer and his employees engaged through contractors, then they fall under the definition of workmen under the ID Act. Otherwise, not. A workman under a fixed-term contract directly with the employer will be considered his workman. Hence, be careful while entering into a labor contract with a contractor.

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

The ID Act is applicable to all workers. The difference in the nature of the relationship between the employer, principal employer, workmen, and contractors' workmen will decide the applicability of the provisions of the act and respective rules.

Regards,
Preetam Deshpande