workers became its employees, IAAI could not
change their status from direct workers to indirect workers.
(d) Even when the workmen were working as contract ... contract
labour, and direct control and supervision of contract labour by IAAI.
Therefore, the contracts for supply of contract labour were `paper'
contracts
contract work were justified in
demanding absorption as regular employees; that the said dispute pre-
supposed that the employees were contract workers under ... contractors and the question therefore was whether the contract labour
system should be abolished and contract workers had to be absorbed
by the principal employer
workers became its employees, IAAI could not
change their status from direct workers to indirect workers.
(d) Even when the workmen were working as contract ... contract
labour, and direct control and supervision of contract labour by IAAI.
Therefore, the contracts for supply of contract labour were `paper'
contracts
express provision in the CLRA Act for absorption of
contract labour, when engagement of contract labour stood
prohibited on issuance of a notification under Section ... CLRA Act, a direct relationship was established between
the workers (contract labour) and the erstwhile principal
employer, and the principal employer is obliged to absorb
awarding such contract work should be avoided and such contract should be awarded to such labour co-operatives of workers earlier working under erstwhile contractors ... loss suffered by a worker or workers by reasons of non-fulfilment of the conditions of the contract for the benefit of the workers, nonpayment
directing reference to
the Industrial Tribunal and granting interim protection to the
workers in the Civil Appeal relating ... Deportment).
5. The employment of contract labour in
the loading and unloading jobs being done by
the Hathadi Workers are being referred back
contribution in
respect of the workers employed by the contractors in
performance of the contract awarded to them for transportation
of milk ... arrogated to
themselves any supervisory control over the workers employed
by the contractors. The said workers were under the direct
control of the contractor. Exercise
Authority of India v. International Air Cargo Workers Union [2009 (13)
SCC 374] thus:
"If the contract is for supply of labour, necessarily ... contract labour, when such labour is assigned/allotted/sent to him. But it is
the contractor as employer, who chooses whether the worker
homes apart from recommending abolition of contract labour in Industrial Canteens in factories where more than 250 workers were employed. The Secretary to Government, Labour ... dated April 11, 1997 prohibiting employment of contract labour in industrial canteens and factories, employing 250 workers or above, considered in Barat Fritz Werner
Union Of India vs R. Gandhi on 11 May, 2010
Author: R.V.Raveendran
Bench
