We all aware that whenever a contractor engages 20 or more workers he needs to obtain a license from appropriate authority.
As per the Rule no. 25(2)(ii) of contract labour (Regulation and Abolition) Rules 1971, it should not exceed on a particular day. I am reproducing the rule here:
The number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence.
What one can understand that on any day there should not be workers more than the licensed number.
The interpretation that I understand and discussed with Labour Deptt. Authorities that number of contractor labour employed any day at a time there should not be more than the licensed number.
For example for a particular assignment, the contrator has to work in all the 3 shift with 50 contract labour in each shift, does he require license for 50 worker or 150 workers.
Another example say a contractor has obtained license for 35 workers and on a particular day he brought 35 workers for work in the morning. In the afternoon out of 35 , 10 workers left the job for their personal work and he further brought in 10 more workers. His strength remains 35 and though he on roll there was total 45 vworkers but in the premise he employed only 35 workers. Does he need to have license for 45 workers.
Explanations and interpretation are welcome with citations an case law.
Thank you all.
Gyan Prakash Mishra
Chief Manager - HR
SRF Limited, Gwalior
