C.l ( r & a) act
ARUN BIKASH SAMANTA
(Querist) 22 May 2012
This query is : Resolved
INTRODUCTION
We are a private limited company engaged in operation and maintenance activities in various power plants in India. Our scope of works covers entire range of activities relating to operation and maintenance of power plant. This is not a cost plus contract. Our fees is based on the long term agreement entered between the two parties. To perform this activities we have our employees on roll and also engage sub contractors with due permission of the principal employer (PE). We have obtained license under C.L ( R & A) Act,1970.
FACTS
One of our PE is asking the following information showing the reasons that being the principal employer; they have the authority to scrutinize the documents for their satisfaction in terms of statutory compliance.
1. Various records prescribed under Contract Labour ( R & A) Act, 1970.
2. Wage register of our employees maintained under the said act.
We are producing all records to the PE as maintained under Contract Labour ( R & A) Act, 1970, except the wage register. The salary and wages paid to the employees( under our roll) is strictly confidential and we do not want share with the PE. We are submitting the wage register of the subcontractor to the PE for their verification.
In this context, we have told them that we will maintain wage register for the workmen whose salary is less than Rs.10,000/- as per the definition of workmen in the C.L ( R & A) Act and produce to PE.
PE is asking for wage register for all employees, even if they are not covered under the C.L ( R & A) Act
QUERY
1. What is provision for maintenance of Master Roll cum Wage Register as per the C.L ( R & A) Act.
2. Can PE insist on submission of wage details of those employees who are not covered under C.L ( R & A) Act.
3. What should our course of action.
J K Agrawal
(Expert) 23 May 2012
Dear Sir
Under Section 29 of the CL(R&A) Act 1988 you are to maintain certain registers. As per rule Rule 78 (1) (a) (i) you are to maintain
Register of Wages-cum-Muster roll as per for XVIII. In this register you are to mention every thing about wages.
Now question comes that if the workman draws much wages as specified in section 2 (i) of the Act he does not come in the definition of "workman" as such I can suggest that if a labor does not come in the definition of section 2(i) of the act, you should not register him in the register in form XVIII.
