Dear Seniors, I heard that ID Act is not applicable to Contract Workers? What is the justification for this Statement? Thanks in anticipation....
From India, Pune
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Who said this? This is a wrong statement. ID Act is applicable to all workmen T Sivasankaran
From India, Chennai
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From India, Chennai
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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.
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From India, Pune
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From India, Pune
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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
From India, Madras
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Regards,
Thirumurugan
From India, Madras
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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
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From India, Thiruvananthapuram
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Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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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
From India, Mumbai
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Regards,
Preetam Deshpande
From India, Mumbai
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THE INDUSTRIAL DISPUTES ACT, 1947.doc
INDUSTRIAL DISPUTES ACT.pdf
6519499-The-Ind ustrial-Dispute s-Act-1947-late r-part.ppt