Contract labour act

SURAJIT (Querist) 03 October 2013 This query is : Resolved
Dear Sir(s)
can you clarify me on the below mentioned points-
Company "A" has engaged a NGO for its social impact survey for a contract of 3 years and it is renewable after 3 years. Company "A" has its branches in different locations of Odisha and the NGO has engaged its employee at all the locations of the company. in each location 4-5 people are engaged and in total the NGO has engaged 30-35 people.

1. whether employee engaged by NGO will comes under contract labour Act or not ?
2. whether employees of NGO are likely to be covered under different labour laws like PF, ESI, Bonus etc or not ?
3. whether employees of NGO can claim for bonus or not ?
4. whether the NGO needs Labour licence to engage such people for a Company which is the principle employer?
5. Is the NGO can be called as Contractor under Contract Labour Act?

Thanks in advance sir.

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Sudhir Kumar, Advocate (Expert) 05 October 2013
answer to all these question depend upon the MOU signed.

whether NGO undertook the project or simply supplied manpower to the company?

Whether personnel working on this project were directly under the command of company or not?

SURAJIT (Querist) 05 October 2013
Dear Sir
1. The NGO undertook the project for 3 years and if the company finds its performance satisfactory then the contract is likely to be renewed.
2. the personnel working are directly on the payroll of NGO. they reports to the head of the NGO and the head of the NGO reports to the company official.