above discussion is outlined thus: ***
(3) Neither Section 10 of the CLRA Act nor any other
provision in the Act, whether expressly or by necessary ... issuance of prohibition notification under Section
10(1) of the CLRA Act prohibiting employment of contract
labour or otherwise, in an industrial dispute brought
before
benefits of labour laws, and if
their prayer for relief under CLRA Act is rejected, they can then
seek relief under ... regulation and abolition of contract labour,
governed by the provisions of the CLRA Act , there could be no
reference of the dispute to the Labour
appropriate Government' in Section 2(1)(a) of the CLRA Act, 1970 and in Section 2(a) of the Industrial Disputes ... within the meaning of the definition of appropriate Government in the CLRA Act . Further, the definition of establishment in the CLRA Act takes
contractor under the Contract Labour (Regulation and Abolition) Act (hereafter
the CLRA Act ). Lastly, he submitted that the Court ought to lift the veil ... departmental heads.
12. Insofar as non-production of licence under the CLRA Act is concerned, it
was submitted that the licence is required
concept of appropriate Government in Section 2(1)(a) of the CLRA Act, 1970 and in Section 2(a) of the Industrial Disputes ... within the meaning of the definition of appropriate Government in the CLRA Act . Further, the definition of establishment in the CLRA Act takes
consequence of non-compliance with
Sections 7 and 12 of the CLRA Act by the principal
employer and the licensee respectively, the contract
labour employed ... penal provisions
under Sections 23 and 25 as envisaged under the
CLRA Act and that merely because the contractor or
the employer had violated
because the appropriate
Government issued notification under
Section 10(1) of the CLRA Act, no automatic
absorption of the contract labour working in
the establishment ... when
there is no prohibition notification under
Section 10(1) of the CLRA Act.
36. But where there is no abolition of
contract labour under
failed to prove on record any notification U/s 10 of CLRA prohibiting
employment of cashier through the Contractor for the post of Cashier ... legislature. We have
already noticed above the intendment of the of the CLRA Act
that it regulates that conditions of service of the contract
labour
Contract Labour
(Abolition & Regulation) Act, 1970 (for brevity CLRA). Section 10 CLRA Act
reads as under:
"10. Prohibition of employment of contract labour ... issued for
abolition of Contract Labour, under Sec.10(1) of the CLRA Act, 1970. The
applicants failed to establish the fact that the work
provisions of Section 7 & 12 of the CLRA Act,
the principal employer i.e. management has to prove three
factors for utilising services ... Page 13 of 22
Kalkaji, New Delhi-19 was registered under CLRA Act and it
was authorized to take house keeping and management
services from
