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Rule 18 [4] requires that any change in the particulars specified in the certificate of registration has to be intimated by the employer to the registering officer within 30 days from the date of the change and the particulars of and the reasons for such change. Rule 20 provides for an amendment of the certificate of registration pursuant to the change intimated by the employer under Rule 18 [4] which amendment has to be granted by the registering officer only after satisfying himself that there has occurred a change. Rule 21 provides for an application for a licence to be made by the contractor in Form IV. The form requires information with regard, among other things, to [i] name and address of the contractor, [ii] particulars of establishment where contract labour is to be employed such an [a] name and address of the establishment, [u] type of business, trade, industry, manufacture or occupation which is carried on in the establishment, [c] number and date of certificate of registration of the establishment under the Act and [d] name and addresses of employer; and [iii] particulars of contract labour such as [a] nature of work in which contract labour is or is to be employed in the establishment, [b] duration of the proposed contract work giving particulars of the proposed date of commencing and ending of the contract work [c] name and address of the agency or manager of contractor at the work site [d] maximum number of contract labour proposed to be employed in the establishment on any date. Rule 21 [1] also requires certificate in Form V by the principal employer that he has engaged the applicant- contractor as a contractor in his establishment and that he undertakes to be bound by all the provisions of the Act and the Rules. Rule 25 prescribes the form and the terms and conditions on which licence is issued to the contractor. The conditions on which the licence is issued include the condition that the licence shall be non-transferable and the number of workmen employed as contract labour in the establishment shall not on any date exceed the maximum number specified in the licence and that the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 for such employment, and where the rates have been fixed by agreement, settlement or award, the same shall not be less than the rates so fixed. In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the employer. In other cases, the wage rates, holidays, hours of work and conditions of service of the contractor's workmen shall be such as may be specified in that behalf by the Chief Labour Commissioner [Central]. While specifying the wage rates, holidays etc. the Chief Labour Commissioner has to have regard to the wage rates, holidays etc. obtaining in similar employments. The licensee-contractor has to notify any change in the number of workmen or the conditions of work. Rule 27 states that every licence granted to the contractor shall remain in force for 12 months from the date it is granted or renewed. Rule 29 provides for renewal of licences. Rule 32 provides for the grant of temporary certificate of registration and licences where the contract labour is not estimated to last for more than 15 days. Rule 75 requires every contractor to maintain in respect of each registered establishment a register in Form XIII. This form mentions details to be given in respect, among others, of the name and address of the principal employer and of the establishment, the name and address of the contractor and the nature and location of work, the name and surname of each workmen and their permanent home address, the date of commencement of employment, the signature or thumb-impression of workmen, the date of termination of employment and reasons for termination. Rule 76 requires that every contractor shall issue an employment card in form XIV to each worker within three days of the employment of the worker. Rule 77 requires that every employer shall issue service certificate to each of the workmen.

10. In support of the first contention, reliance was placed on the following decisions of this Court :

In Vegoils Pvt. Ltd. v. The Workmen [(1972) 1 SCR 673], the facts were that the appellant, a private limited company carried on the business of manufacturing edible oils, soaps and certain by products, and employed about 700 permanent workmen for the purpose. However, for loading and unloading seed and oil cake bags and for feeding hoppers in the solvent extraction plant, it employed labour through a contractor. The direct workmen raised an industrial dispute claiming, inter alia, that the work of loading and unloading seed bags as well as that of feeding hoppers was of a perennial nature and hence the contract labour in respect of the said work should be abolished. The industrial Tribunal held that the work of feeding the hoppers could not be said to be intermittent and sporadic as claimed by the company and that it was closely connected with the principal activity of the appellant. The Tribunal also recorded a finding that in similar plants in the region, the work of feeding the hoppers was carried on by permanent workmen. Hence, the Tribunal held that the company should carry out this work through permanent workmen. As regards loading and unloading of seed and cake bags, the Tribunal held that these activities were also closely connected with the main industry and the work was of a permanent character. Although the comparable units in the same region carried on the working of loading and unloading through contract labour, the Tribunal held that since the contract labour has to be discouraged, the appellant must employ only permanent workmen for doing the said job as well. The Tribunal then referred to the Act, [i.e., the Contract Labour (Regulation and Abolition) Act] as well as to a State enactment, viz., Maharashtra Mathadi Hamal and Other Manual Workers [Regulation of Employment and Welfare] Act, 1969 and observed that these two enactments also supported its view. In appeal before this Court, the company, apart from questioning the Tribunal's decision on merits, challenged the jurisdiction of the Tribunal to consider the question of the abolition of contract labour in view of the provisions of the two Acts. This Court held that the Tribunal acquired jurisdiction to entertain the dispute in view of the reference made by the State Government on April 17, 1967. On that date, neither the Central Act nor the Maharashtra Act had been passed. Even during the proceedings before the Tribunal, the company raised no objection after the passing of the two enactments that the Tribunal had no longer jurisdiction to adjudicate upon the dispute. Under these circumstances, the Tribunal had to adjudicate upon the points referred to it having due rgard to the principles laid down by the courts particularly this Court governing the abolition of contract labour. The Court further held that the Act had received the assent of the President before the passing of the Tribunal's award while the State Act had come into force before the passing of the award. Though the contention that the Tribunal lost jurisdiction to consider the question of contract labour in view of these enactments could not be accepted, it was held that this Court would be justified when dealing with the appeal, to give effect particularly to the provisions of the Act having due regard to the clearly expressed intention of the legislature in the said Act regarding the circumstances under which contract labour could be abolished. The Court also held that even according to the evidence of the company's witnesses it was clear that the feeding of hoppers in the solvent extraction plant was an activity closely and intimately connected with the main activity of the appellant, and that excepting for a few days, this work had to go on continuously throughout the year. It could not also be said that by employing contract labour for the purpose, the appellant would be enabled to keep down the costs on the ground that there would not be sufficient work for all the workmen if permanent labour was employed. Further, the award of the Tribunal abolishing the contract labour in respect of feeding the hoppers was fully justified because it was in accordance with the principles laid down by this Court which were substantially incorporated in clauses [a] to [d] of Section 10 [2] of the Act and upheld the direction of the Tribunal in that regard. However, this Court held that the Tribunal's direction to the company not to engage any labour through a contractor for the work of loading and unloading after May 1, 1971 must be set aside. Since the Act had come into force on 10th February, 1971 and under Section 10 of the Act the jurisdiction to decide matters connected with the prohibition of contract labour was vested in the appropriate Government, it is only the appropriate Government that can prohibit contract labour by following the procedure and in accordance with the provisions of the Act. The Court also held that the Industrial Tribunal in the circumstances had no jurisdiction, though its award was dated 20th Noveember, 1970, to give a direction in that respect which becomes enforceable after the date of the coming into operation of the Act. Further under clause [c] of Section 10 [2] of the Act, one of the relevant factors to be taken into account when contract labour regarding any particular type of work is proposed to be established, is whether that type of work is done ordinarily through direct workmen in the establishment or an establishment similar thereto. In the case before the Court, similar establishments employments employed contract labour for loading and unloading but the evidence also showed that the work of loading and unloading required varying number of workmen.

It will be obvious from a reading of the said clause that what in fact is referred for adjudication is the determination of the status of the workmen, viz., whether though engaged by the contractors, they are legally the workmen of the appellant-Board? In other words, implicit in the said clause is the assertion of the workmen that they are in law the workmen of the appellant-Board and not of the contractors, and they wanted the Tribunal to decide their exact legal status. This is clear from also the statement of claim filed by the workmen in support of their demand. In paragraph 3 of the statement of claim, it is averred that the Board has been employing Mukadam supervisors "who are draped in different paper arrangements and are now known as contractors of the Thermal Power Station" and the Board and the so-called contractors have joined hands for mass victimisation and termination of services even without payment of due wages. Again, in paragraph 5 of the statement of claim, it is stated that the workmen are being paid wages by the management of the Board through Mukadam supervisors now known as contractors of the Board. The contractors come and go but the workmen are working throughout since the inception of the Thermal Power Station. The control, direction and initiation of these workmen are in the hands of the supervisors and technical staff fo the Thermal Power Station. It is also alleged in the said paragraph that the so-called contractors are not the contractors as none of them have taken licence. It is also averred there that it is abundantly clear that the workmen employed to perform the permanent and perennial nature of duties are the employees of the Board. In paragraph 10 of the statement of claim, it is prayed that the Tribunal should hold and declare that the workers deployed in the Thermal Power Station under the garb of contractor are the permanent employees of the Thermal Power Station managed and controlled by the appellant- Board". In paragraph 6 of the application for interim relief which was filed on behalf of the workmen, it was averred that the Board was though different agreements showing the workmen as if they were working under some intermediaries and the said intermediaries are "make-believe trappings" and are "dubious" in nature and it was only to deprive the workmen of the benefits which are available to the employees of the Board that the said "make-believe trappings" were employed by the Board. It is therefore not correct to say that the present reference was for the abolition of the contract. The reference on the other hand, was for a declaration that the workmen were in fact and in law the employees of the appellant-Board and that they should be given the service conditions as are available to the direct employees of the Board.