Shops & Establishment Act for labour contractor
Sidharth
(Querist) 15 September 2010
This query is : Resolved
Dear Gentlemen,
Can you pls enlight me whether the shop & establishment act is applicable for the labour contractor who depute / deploy manpower at principal employer premises. The principal employer is already having the S & E regd for that location. But as per the labour inspector, since the contractor generating business from the deployment of manpower the contractor also must have to take the S&E regd for the same location & same prmises where the principal employer already took the same regd. Kindly through your views with concrete evidence for the above matter.
Regards
Sidharth
pawan sharma
(Expert) 15 September 2010
You may asked it to the office of Assistent Labour Commissnor office.
Sidharth
(Querist) 15 September 2010
The state labour department is insisting for this S & E regd.
Raj Kumar Makkad
(Expert) 15 September 2010
You shall have to get registered as ased by LI as it is mandatory.
s.subramanian
(Expert) 15 September 2010
I endorse the view of Mr.Makkad.
Sidharth
(Querist) 16 September 2010
My question is that the contractor do not have any office. Contractor only deploy the manpower as per the requirement of principal employer for the short time period. Employees are not permanet. One more thing is that to carry out the contract work contractor is already having the CLRA license as per central rule. Since the principal employer is coming within the ambit of central rule. Now pls clarify me whether the contractor need a S & E regd.
Sidharth
(Querist) 17 September 2010
Any senior advocate who can give the right direction on the above matter ?
Arul Kumar
(Expert) 17 September 2010
The Contractor is a separate agency who supply manpower to principal employer. The contractor is different from the Principal employer. As such, being a separate entity, the contractor has to be registered with S & E.
B.R. BHALLA, ADVOCATE
(Expert) 19 September 2010
Mr Arul Kumar is right. The contractor is conducting his business/profession in his own right and is an independent identity from that of the other employers. All provisions applicable to him would apply to him as well.
Sidharth
(Querist) 20 September 2010
Now can you all pls clarify me if the sequrity agency deploy 2/3 sequrity guard in a ATM or bank then whether the security agency to apply for S & E registration for that place i.e. the place of ATM or the bank. Since the contractor as sequrity agency have deployed the sequrity guard in ATM / BANK.
Kindly clarify.......
