Dear all,
As per my understanding of Sec 2 (1) (b) of the ISMW (RE & CS) Act,1979, "whoever recruits or employs 5 or more inter state migrant workmen, on any day of the year" falls under the purview of the same. Hence whether principal employer or contractor, registration and licence is a must. Inter-State Migrant Workman should invariably be recruited by a contractor only {also Sec 2(1) (b)}, for the Act to be applicable.
It has also arisen that a contractor is defined by the Act to be, inter alia, an EMPLOYEE {Sec 2 (1) (b)}. Does this mean that an "employee" of the principal employer, who recruits inter state migrant workmen, on behalf of the principal employer, whether with or without his knowledge, is a contractor within the meaning of the Act? If not, then who is an employee under Section (1) (b) of the Act???
Thank you for your replies.
Regards,
L. K. Nongrum
As per my understanding of Sec 2 (1) (b) of the ISMW (RE & CS) Act,1979, "whoever recruits or employs 5 or more inter state migrant workmen, on any day of the year" falls under the purview of the same. Hence whether principal employer or contractor, registration and licence is a must. Inter-State Migrant Workman should invariably be recruited by a contractor only {also Sec 2(1) (b)}, for the Act to be applicable.
It has also arisen that a contractor is defined by the Act to be, inter alia, an EMPLOYEE {Sec 2 (1) (b)}. Does this mean that an "employee" of the principal employer, who recruits inter state migrant workmen, on behalf of the principal employer, whether with or without his knowledge, is a contractor within the meaning of the Act? If not, then who is an employee under Section (1) (b) of the Act???
Thank you for your replies.
Regards,
L. K. Nongrum