(1) The provisions of this Act shall apply without prejudice to inconsistencies contained in any other Act or in the provisions of an agreement or contract of employment or in the rules of procedure applicable to the establishment, whether adopted before or after the coming into force of the Act: Employees shall continue to be entitled to the most favourable benefits in this regard: even if they have received benefits for other matters under this Act. (2) Nothing in this Act shall be construed as preventing such contract workers from entering into an agreement with the principal .dem employer or contractor to grant them rights or privileges in all matters more favourable than those to which they would be entitled under this Act. (4) remains in full force, without recourse to strike or lock-out, all the terms and conditions of the existing contract for a period of sixty days after such termination or until the date of expiry of this contract, whichever is later: The obligations imposed on employers, workers and workers` organizations by subsections (2), (3) and (4) [subsections (2) to (4) of this subsection] shall be accompanied by an interim certificate from the board of directors that does not apply. under which the work § 211. [§ 181.] (a) To guide and inform interested representatives of employers, employees and the public, the Bureau of Labor Statistics of the Department of Labor maintains a file containing copies of all collective agreements and other agreements and measures available in connection with the settlement or settlement of labor disputes. The record may be consulted under reasonable conditions determined by the Minister of Labour, except that no specific and confidential information is disclosed. 55. 1. Latrines and urinals must be conveniently located and accessible to company workers at all times.
2. (i) Latrines and urinals shall be adequately lit and kept in a clean and hygienic condition at all times. (ii) Latrines and urinals not connected to a sewerage system must comply with the requirements of the health authorities. The law defines a contractor as a person who undertakes to obtain a specific result for the operation, who is not merely a supply of goods or manufacturing objects to that facility through contract work, or who performs contract work for a job of the enterprise. FORM V [See Rule 21(2)]Principal Employer Certificate Form Certifies that I have hired the applicant (contractor`s name) as a contractor in my business. I undertake to be bound by all provisions of the Contract Labour (Regulation and Abolition) Act 1970 and the Central Contract and Contract Labour Regulations 1971) to the extent that the provisions governing the employment of contract work by the applicant in my establishment apply to me. Sign the date of the primary employer. Name and address of establishment Top (1) At any place where contract work related to the work of an establishment is to be stopped at night: (a) to which this Act applies, and (b) where the work requiring the employment of subcontractors is likely to continue during the prescribed period, the contractor must, for the use of the contract work, provide a sufficient number of washrooms or other suitable alternative accommodation. within the prescribed period. 2. Toilets or other dwellings to be acquired in accordance with paragraph 1 shall be sufficiently lit and ventilated and kept in a clean and comfortable condition.
TopNOTES The provisions held are not unreasonable. Gammon India Ltd. v. Union of India, (1974) 1 CSC 596. 18. (b) A worker is considered to be a “contract worker” in or in connection with the work of an establishment if he or she is hired in or in connection with such work by or by a contractor without the knowledge or knowledge of the principal employer. (c) `operator` means, in respect of an establishment, a person who undertakes to achieve a specific result for the establishment which is not merely a supply of goods or production goods to that establishment or who performs the contractual work for the work of the establishment, including a subcontractor; TopNOTES S.2(1)(c)-The contractor engaged for S. 2(c) covers the construction of buildings. Gammon India Ltd. v. Union of India, (1974) 1 SCC 596: 1971 SCC (L&S) 252.
2(1)(c) and 12 – If a person has committed to collect and manufacture quarry products for and for the railways by engaging workers to perform their contract work in railway operations, the workers employed by the person are considered to be “contract workers” within the meaning of paragraph 2(1)(b). The supply of such quarry products would lead to a certain result for the operation, so that it fulfils all the requirements of an `operator` under Article 2(1)(c) and is therefore required to grant a licence under Article 12(1). H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati). (d) `dominated industry` means any sector whose control by the Union has been declared by a central act as an appropriate customer in the public interest; (e) “Establishment” means (i) any office or department of government or a local authority, or (ii) any place where industry, commerce, enterprise, manufacture or profession is carried on; NOTES S.2 (1) (c) – The term “contractor” is a person who provides contract labour to an operating company in order to achieve a particular result for that company. It recruits workers related to the work of a company. State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC). § 2 (2) (C) – Subcontractors or “piece-betting” are contractors. Workers working on the Salal v. State of J&K, (1983)/2 SCG 181.
S.2 (1) (e) (ii) – A ship or vessel in which repair work is carried out is a place and a “facility” within the meaning of clause 2 (I) (e) (ii). The project or place of construction may or may not be owned by the principal employer, but this does not preclude the application of the law or the finding that a particular place or place of work where the industry, trade, business, manufacturing or profession is carried out is not an establishment. Lionel Edwards. v. Labour Enforcement Officer, (1977) 51 FJR 199 (Cal). S.2.1)(e)(ii)-Any object temporarily covering the surface and in which industry, trade, manufacture or profession is carried on would be a place within the meaning of subparagraph (ii) of paragraph 2(1)(e). A ship anchored or moored in a port would be a construction yard, and the workers employed to load and unload cargo, safety and repair of the ship would all be associated with business or trades. The docks where a ship can dock are controlled by the port authorities and shipowners` agents would not be able to provide facilities for canteens, rest rooms, etc.