Constitutional Values & Contract Labour Regulation
So as to operationalize this constitutional commitment, the National Commission on Labour (Government of India 1969) had recommended to Parliament the passing of a legislation envisaging regulation and prohibition of the employment of contract labour.
This legislation aimed at regulating the conditions under which the contract labour works and also provides for the abolition of the contract labour system wherever possible and practicable.
3) Principal employers that do not register themselves under the Act cannot employ contract labour in their establishments.
The principal employer is obliged under the CLA to ensure that wages have been paid to the contract labour in the presence of its (principal employer's) authorized representative.
The CLA also provides that the appropriate government can prohibit the employment of contract labour in any operations, processes or other work.
The central government has so far issued 76 notifications under section 10 of this Act (7) prohibiting employment of contract labour since the enactment of the CLA (Government of India 2009).
Regular inspections are supposed to be conducted by the officers of the labour department and launch prosecutions whenever establishments are found violating the Act/Rules/ notifications including employment of contract labour in operations and processes where the government has prohibited employment of contract labour.
National Union of Waterfront workers (8) is an interesting judgement to note about the way the CLA has been working, and is the latest decision of the Supreme Court on the issue of the fate of the existing contract workers when the appropriate government decides to prohibit employment of contract labour in a process or an establishment.
But there is no doubt that this judgement has resulted in substantial diminution of contract labour power in India.
The value of globalization is being celebrated, and contract labour is seen as antithetical to free market economy.
Plan also includes making payment to the contractors only after submitting a system generated declaration of compliance, which will help to enhance proper monitoring of legal compliances under Contract Labour
(Regulation & Abolition) Act, especially the payment of correct wages to the contract workers and PF deductions and deposit and other statutory obligations.