Dear Mr. Sharma and Mr. Korgaonkar,
It is nice to find that so many HR professionals are contributing and exploring the nuances of Labour Laws.
I quote the original querist:
In a NTPC Project the main contractor has engaged a sub-contractor and offloaded some part of the work. The sub-contractor is recovering the PF contributions from his employees and depositing under his PF code regularly. The sub-contractors' labors are covered under the labour license of the Main contractor. NTPC is asking the Main contractor to deposit the PF under their PF code or to issue Form V to the Sub-contractor to enable them to obtain the labour license.
Please advice me on the following
1. Is it mandatory that the PF contributions to be deposited with the Main contractors PF code only even if the S/c is having aPF registration.
2. Whether the S/c should have a labour license for depositing the contribution under his PF code.
I above case, we are talking about two different Labour laws, independent of each other. My short and simple reply to the queries are as under:
1. No. It is not.
2. No. It is not.
Further, on the issue of license under Contract Labour Act,( which in fact is indirectly a point of discussion,not raised by querist specifically) I am still of the opinion that PE cannot issue two certificates in Form V , one to main contractor and another to a contractor engaged by the main contractor, perticularly in the absence of any contractual relationship between NTPC and contractor of main contractor.It is possible only when two separate contracts are awarded,
This is my opinion despite going through the copy of Circular stated to be issued by Labour Commissioner, Govt. Of Maharashtra.
Above opinion of mine has been duly endorsed by Shri P K Mukhopadhaya, Ex. Chief Labour Commissioner Of India.
I strongly believe, we the HR professionals do have rights to hold different opinions. I dont intend to abase or demean any ones opinion or views.