Contract Labour (Regulation & Abolition) Central Rules,
1971 (CLRA Central Rules) disposing of an application filed by
the contract workers (Opposite Party ... Bhubaneswar for
appropriate order under Rule 25(2)(v)(b) of the CLRA Central
Rules as well as Management of NALCO.
10. The contract workers
year."
This section provides that this section provides that the CLRA
Act applied to every establishment and every contractor of the specific
9
description ... obstante clause and over-rides the
other provisions of the CLRA Act in empowering the appropriate
Government to prohibit by notification in the Official Gazette
registration under the
Contract Labour (Regulation and Abolition) Act, 1970 (' CLRA
Act ') and the act of placing the services of Workmen under ... through a
contractor, who did not possess a valid licence under the CLRA
Act , then the workers would be treated as Workmen of the
principal
Contract Labour
5
(Regulation and Abolition), Act, 1970 (for short, ' CLRA Act ').
There being no such notification published in the official
gazette ... instant case as there is no notification
under Section 10(1) of CLRA Act. On the contrary, the Ministry
of Labour, Government of India
Contract Labour (Regulation and Abolition) Act,
1970, shortly, "the CLRA Act, 1970 ", being the principal employer, it
is only obligatory on its part ... contractor to
pay the wages, in terms of section 21 of the CLRA Act, 1970.
Page 11 of 32
WP(C) no.2459
without proper cause;"
(Emphasis supplied)
21. Section 21(4) of the CLRA Act, 1970 mandates as
to the responsibility of the principal employer ... Wages, as
defined in clause (h) of section 2(1) of the CLRA Act,
1970, read with clause (vi) of section 2 of the Payment
Contract Labour (Regulations and Abolitions) Act, 1970 (hereinafter called as ' CLRA Act ') which provides that the appropriate government shall take into consideration ... Opposite Party in exercise of power conferred under Section 5 of the CLRA Act, the CACLS constituted a Committee to go into the question
Central Labour (Regulation and Abolition) Act, 1970
(" CLRA Act, 1970 "). Accordingly, CACLB formed a sub-committee to
study the working of contract labour ... said
establishment keeping in view the provision of Sec.10 of the CLRA
Act, 1970 and to submit its report within three months from
Section 21(4) of the Contract Labour
(Regulation and Abolition) Act, 1970 (CLRA Act ) in terms of
which the principal employer is liable to make ... price it should have
been.
16. As regard the liability under the CLRA Act , the wording of
Section 21 (4) thereof is instructive. It reads
registered under the Contract Labour
(Regulation and Abolition) Act, 1970 (CLRA Act ). PPL is
registered under the Companies Act . PPL issued a work order ... governed by
the provisions of the CLRA Act .
5. According to the Petitioner, the Workman all of a sudden
absconded from duty from 3rd July