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EASWARAN S.
HLL Life Care Limited – Appellant
Versus
Sapthazeal Private Limited – Respondent
1. Does the Regional Labour Commissioner (Central) have the Jurisdiction to direct the principal employer to pay the differential wages payable to an employee of a contractor, under Section 21(4) of the Contract Labour (Regulation and Abolition) Act, 1970 while dealing with a conciliation proceedings under Section 12 of the Industrial Disputes Act, 1947? The answer lies intrinsically interwind under various provisions of multiple enactments.
2. M/s. HLL Life Care Limited, which is a public sector undertaking under the Ministry of Health and Family Welfare, Government of India, is before this Court against Ext.P4 order issued by the 3rd respondent, Regional Labour Commissioner (Central), Thiruvananthapuram by which it is made liable for the alleged non-payment of minimum wages by the 1st respondent, M/s. Sapthazeal Private Limited, under the provisions of the Contract Labour (Regulation & Abolition) Act, 1970.
3. As per Ext.P1 agreement of contract entered into between the petitioner and the 1st respondent, the 1st respondent was entrusted with the job of providing house keeping facility at the petitioner’s factory at Peroorkkada, Thiruvananthapuram. The 2nd respondent, which is a Tr
The Regional Labour Commissioner exceeded his powers in directing the principal employer to pay the differential wages under Section 21(4) of the Contract Labour (Regulation and Abolition) Act, 1970.
Point of law: Labour Law – arrears of pay – Court need not advert to the submissions made on behalf of the management as the same would tantamount to adjudication of the controversy on merits.
The main legal point established in the judgment is the statutory right conferred by Rule 25(2)(v)(a) of the 1971 Rules, which guarantees parity in wages and benefits to contract labours engaged with....
Section 10 of CLRA reads as prohibition of employment of contract labour.
The main legal point established in the judgment is that under Section 33(C)(2) of the ID Act, the Industrial Tribunal can adjudicate upon the entitlement of the workman to receive benefit in terms o....
The Deputy Chief Labour Commissioner has jurisdiction to determine wage parity for contract workers performing similar work as regular employees under Rule 25(2)(v)(a) of the CL (R & A) Central Rules....
The Tribunal exceeded its jurisdiction by declaring the contract as sham without sufficient evidence, and the relationship between the contractor and workers was valid under the Contract Labour Act.
The mere issuance of a prohibition notification under Section 10 of the CLRA Act does not automatically lead to the absorption of contract labour as employees of the principal employer; such a determ....
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