Nagpur: It was also discussed that Prime Minister, Narendra Modi is promoting “Ease of Doing Business in India” and also “Make in India”. If both these concepts of Hon’ble Prime Minister has to be successful the major hindrance in implementation of the same is the complicated and complex labour laws of our country.
Despite the fact that this Contract labour Act 1970 is more than 45 years old even today it is not in a position to address the complexities faced by the persons to whom it is applicable. Forget the layman even the experts have divergent views regarding the particularly interpretation opined by expert speaker Arvind Jain, President of National HRD Network, Nagpur Chapter while delivering a talk on “Contract Labour (Regulation & Abolition) Act 1970 (CLRA ACT)”. The programme was jointly organized by HRD Forum of Vidarbha Industries Association, and National Human Resource Development Nagpur Chapter at VIA.
He said every organization knows the applicability of the Contract Labour (Regulation & Abolition) Act 1970 and contract labour means that workmen shall be deemed to be employed as contract labor in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor with or without the knowledge of the principal employer.
He explained about the conditions for grant and renewal of licenses, and said It is non transferable, The number of workmen engagement must not exceed the number prescribed in the license, The fees paid will be nonrefundable, The wages paid shall not be less than the wages prescribed under the minimum wages act. The contractor shall notify the change in the number of workmen or conditions of work.
The presentation was structured for both manufacturing sector and other establishments and aimed to discuss the various provisions of the CLRA Act and judicial pronouncements.
He clarified the main issues i.e. objectives and applicability of the Act, Registration of principal employer and contractor, Licensing of contractors, Abolition of contract labour, Penal provisions in the Act, Employer employee relations between the principal employer, Intermittent or casual engagement, Principal employer, Appropriate Government and contract labour, Contract labour and canteens, Contract labour and EPF Act, Contract labour and ESI Act, Contract labour and workmen’s compensation act.
Jain also present important case laws / judgments with the present audience i.e. Court Kerala civil aviation workers cop society vs UOI 1984, 2 LLJ , 314, kerala, Gammon India Ltd vs UOI 1974 SCC 596, Singneri colleries vs Kota Posham 1989 2 LLN AP DB, Principal, college of agriculture engineering, Pune vs Stae 2001 LLN Bom: B K Mohanty vs Orissa 1992 2 CLR 712 Ori and Gammon India vs ALC , Nagpur 1976 LIC 745 Bomb DB.
The programme was largely attended by Industrialists, HR Professionals, budding entrepreneurs and management students the talk was followed by volley of questions raised by the participants, which were aptly answered by the speaker.
The biggest success of the this programme is that almost each and every participant gave consent to the idea of having a full day workshop on this Act wherein few more experts including a lawyer would also deliberate on this Act and come out with suggestions both to the State Government and Central Government which would enable “Ease of Doing Business In India.” VIA President, Atul Pande, and Chairman of HRD Forum, Girish Deodhar made an announcement on the spot that the said programme would be held in the January 2016.
Earlier Girish Deodhar, Chairman -VIA HRD Forum made an opening remarks and also introduced the speaker. Ashit Sinha, Vice President – VIA welcomed the Arvind Jain. The vote of thanks was proposed by Ashit Sinha, Advisor – VIA HRD Forum.
