Contract Labour (Regulation and Abolition) Act,1970

Act No : 37

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Section : Prohibition of employment of contract labour.

10. Prohibition of employment of contract labour.- (1) Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. (2) Before issuing any notification under sub-section (1) in relation to an establishment, the appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as-- (a) whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment: (b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment; (c) whether it is done ordinarily through regular workmen in that establishment or an establishment similar thereto; (d) whether it is sufficient to employ considerable number of whole-time workmen. Explanation.--If a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate Government thereon shall be final.

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advchennai wrote on 21 May 2009

S.10 (1)-A single notification prohibiting contract labour can be issued in respect or different establishments if the operation and nature of work are similar in all establishments Hence notification prohibiting/contract labour in coal mines was proper. J.P. Gupta v. Union of India, 1981 Lab IC 641 (Pat HC).

advchennai wrote on 21 May 2009

S.10 -Central Government is not required to put on record that they have examined the question of prohibition of contract labour in the establishments after taking into account each fact separately. It is for the person challenging the notification to establish that the notification in question had been issued on some extraneous considerations or without taking into account the relevant factors mentioned in S. 10(2). J.P. Gupta v. Union of India, 1981 Lab IC 641 (Pat HC).

advchennai wrote on 21 May 2009

Provincial Govt. has exclusive jurisdiction in regard to prohibition of employment of contract labour. Industrial Tribunal cannot issue directions to an establishment to abolish contract labour w. e. f. a date after coming into force of the Act. Vegoils Pvt. Ltd. v. Workmen, (1971) 2 SCC 724.

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