Legal Question in Employment Law in India

16.07.2013

Dear Sir / Madam,

Rule 25(2)(V)(a) of the Labour Rules reads :

In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by e principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workman directly employed by the principal employer of the establishment on the same or similar kind of work

Pleaded that in the case of any disagreement with regard to the type of work the same shall be decided by the Chief Labour Commissioner (Central).

(b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by Chief Commissioner (Central);

This rule lays down the terms and conditions of a licence to be granted :

@ In a case - where the type of work done by the workmen engaged by the contractor is- the same as done by the workmen directly employed by the principal employer, -the workmen employed by the contractor would be entitled to the same wages.

The proviso to sub-rule (v) (a) of rule 25 (2) of the rules would come into operation only if there is a disagreement with regard to the type of work. When there is no such disagreement, sub rule (v) (a) of rule 25 (2) would be, applicable.

The explanation marked @ above clearly states that the Principal Employer must be registered and the contractor gets license(s) to claim wages for contract labourers on par with regular workmen employed by the contractor when both are doing the same type of work.

Regards,