Susanta Chakraborty ( ) 08 March 2011

LABOUR CONTRACTOR

Dear Sirs,

A labour supplier has not registered his firm and engaged into contract for supply of 25 persons to a infrastructure development company to assist construction of RE wall of Bridges. He has involved arround 40 persons per day at a min wages rate in addition of 15% commission for Haryana state. Now company moved on from the work place and they didn't pay him his pending bill.

The innocent boy borrowed money from others and pay his village workers.

Please advice should he go to Labour commissioner and file a case?

He doesn't have labour licence (he has only registered his firm name) as he begins his career through this job i mean supply of labours.

every thing happend were in bhaichara with the project manager.

now the honeymoon period is over and he wants his money near to 1 lakh.

what to do?

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3 Replies

Kirti Kar Tripathi (lawyer) 09 March 2011

The workers can directly claim their wages from principal employer. In case, contractor is not having license under the Act, the workmen will be deemed to have been employed by the principal employer. The so called contractor can be impleded as party, he can make statement that since he has not been paid amount by the principal employer, he is unable to make payment and in case the workman are paid directly by the principal employer, he has no objection.

1 Like

Susanta Chakraborty ( ) 09 March 2011

Thank You

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varun kumar (AEE) 13 June 2011

we had engaged a contractor for providing services of drivers and helpers for a period of six months through Tender process. The contract was further extended for a period of six months on the revised rates mutually acceptable to both department and contractor. Now the period is going to expire and services of helpers and drivers are still further required. Kindly clarrify whether there is any time period specified for which services of any contractor can be extended without calling fresh tender. if so, please specify the directions/rules/instructions so applicable to Haryana state Govt./public sector undertaking.