Contractor License Dilemma: Should Supervisors Count in the 100 Workmen Limit?

Dear All, my query is that we have taken a license for 100 contractor workmen. The contractor has appointed three supervisors for all three shifts to supervise them.

Should these three supervisors be included or excluded in the total of 100 workmen licensed?

Regards,
Chander S. Sharma

Hi, it should be included. Whatever the number of contract workers working inside the premises, whether it is a supervisor or any other form, it should be included.

Exclusion of Supervisors from Workmen Count

Supervisors are not covered if their wages exceed the limit prescribed in the Act. Read the relevant section of the Contract Labour Regulation & Abolition Act.

Definition of "Workman"

"Workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward, whether the terms of employment are express or implied. For the purposes of any proceeding under this Act in relation to an industrial dispute, it includes any such person who has been dismissed, discharged, or retrenched in connection with, or as a consequence of, that dispute. It also includes any individual whose dismissal, discharge, or retrenchment has led to that dispute. However, it does not include any individual who:

(i) is subject to the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

(ii) is employed in the police service or as an officer or other employee of a prison; or

(iii) is employed mainly in a managerial or administrative capacity; or

(iv) being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per month or exercises functions mainly of a managerial nature, either by the nature of the duties attached to the office or by reason of the powers vested in him.

Therefore, if the Gross Salary of those supervisors is below Ten Thousand rupees, they will be covered under the Workman category, and thus you have to include them under the CLA Act.

Hope this helps you.

Regards

Query on Inclusion of Supervisors in Contractor License

Your query: Should the three supervisors be included or excluded in the total number of 100 contractor licenses applied for and issued by the Authority?

Position Analysis

Are the three supervisors in question permanently employed on the Muster Roll of the Contractor, or are they, like the other 97 contractor employees, subject to termination once the work contract is over or the license is not renewed? You will have the answer when you examine the facts of the case.

Regards,
Kritarth Consulting Pvt Ltd
9.11.13, 1.45 p.m

Contractor Employee Limit Query

The query is straightforward. A company has appointed a contractor who will supply 100 workmen to a factory. Whoever enters the factory gate with a contractor's badge will be considered a contractor's employee. This could be a workman or a supervisor, but the total number should not exceed 100, as the license is taken for 100 persons. They may be considered under different rules or acts, or they may or may not be on the muster roll of the contractor. Their wages may vary; however, the total number of contractor's personnel entering the factory gate should not exceed 100.

The question of whether they are on the muster roll of the contractor or not does not arise.