Discuss the Judicial activism in reference to The Contract Labour (Regulation and Abolition) Act, 1970. Also explain the jurisdiction of Industrial Tribunals to abolish Contract Labour.
CS Professional · Labour Laws & Practice · PYQS · June 2021
Discuss the Judicial activism in reference to The Contract Labour (Regulation and Abolition) Act, 1970. Also explain the jurisdiction of Industrial Tribunals to abolish Contract Labour.
Answer & Explanation:
The Courts took very active role in interpreting and favouring of the abolition of the Contract Labour and regulating the rights of the Contract Labour. The first of it is the landmark judgment in Standard Vacuum Refining Company vs. Its Workmen (1960) in which the Supreme Court had affirmed the direction of the Industrial Tribunal for the abolition of the Contract system of labour. Further, the judgment of the Supreme Court in this historic case said that the Contract labour should not be employed where- The work is perennial and goes on from day to day. The work is necessary for the factory. The work is sufficient to employ a considerable number of whole time workmen and The work is being done in most concerns through regular workmen. Further in Catering Cleaners of Southern Railway vs. Union of India & Ors., AIR 1987 SC 777 the Supreme Court expressed in dismay with reference to contract labour engagement as follows: "Of late there has been a noticeable tendency on the part of big companies including public sector companies to get the work done through contractors rather than through their own departments". "It is a matter of surprise that employment of contract labour is steadily on the increase in many organized sectors including the public sector which one expects to function as model employer". From the above, it can be inferred that the Courts are also of the view that the contract labour engagement shall be abolished over a period of time as it leads to the abuse of labour rights for the economic benefit of the employers and is used mainly to depart from the responsibilities being an employer towards the employees. Jurisdiction of Industrial Tribunals to abolish Contract Labour: It has been held by the Supreme Court in Vegolis Private Ltd. vs. The Workmen (1971) that after enforcement of the Contract Labour (Regulation and Abolition) Act, 1970, the sole jurisdiction for abolition of Contract labour in any particular operation vested with the appropriate Government and thereafter the Tribunals have no jurisdiction to abolish contract labour. Supreme Court cannot under Article 32 of the Constitution order for abolition of Contract Labour System in any establishment (1985).
Topics: Contract Labour (Regulation and Abolition) Act, 1970
Related Questions in this Topic
- Oscar Mines and Granites Ltd. (OMGL) is having mining license to extract marble and granite in the surrounding area of K...
- However, increase in the working hours, did not result into more output, as expected. There was a considerable gap betwe...
- However, increase in the working hours, did not result into more output, as expected. There was a considerable gap betwe...
- However, increase in the working hours, did not result into more output, as expected. There was a considerable gap betwe...
- VBDL Ltd., (the Builder) is a company engaged in the business of construction of multi-storey flats in Mumbai. It starte...