the start or, where applicable, completion or such work ordered in Form VI-A]; (ix) No contract worker may be employed by a contractor before 6:00 a.m.m.m. or after 7:00 p.m.m.m. This clause does not apply to the employment of women in baths, nurseries and canteens, nor to midwives and nurses in hospitals and pharmacies. (1) Notwithstanding what is contained in this Act, the competent Government may, after consulting the Central Council or, where appropriate, a Council of State, prohibit the employment of temporary agency workers in processes, procedures or other work in an institution by means of a notice in the Official Gazette. 2. Before issuing an opinion under subsection (1) in respect of an establishment, the competent government shall take into account the working conditions and services provided to temporary agency workers in that establishment, as well as other relevant factors, such as, .B. (a) whether the process, operation or any other work is incidental or necessary for industry, commerce; the activity, manufacture or employment carried out in the establishment; (b) it is of a multiannual nature, that is to say, if it is of sufficient duration, taking into account the nature of the industry, trade, undertaking, manufacture or profession pursued in that establishment; (c) if this is normally done by regular workers in that establishment or a similar establishment; (d) it is sufficient to employ a significant number of full-time employees. Explanation.- If the question arises as to whether a process, operation or other work is of a permanent nature, the decision of the competent government is final. NOTES Criteria and circumstances for the abolition of temporary work.-Feeding funnels associated with main work-Loading and unloading of sporadic and intermittent work. The dispute concerned the abolition of temporary agency work in the seed and solvent extraction plants of the applicant`s factory, which produces edible oils and their by-products. The complainant claimed that work in both departments was intermittent and sporadic and that, therefore, temporary work was both efficient and economical. The union, on behalf of the workers, challenged this view, providing diagrams, etc. to prove the continuous and permanent nature of the work.
He also referred to the practice in some other companies. If the work for which temporary agency work is carried out is ancillary and closely linked to the main activity of the sector and is of a multiannual and permanent nature, the abolition of temporary agency work should be justified. The Labour Court is also free to take into account the practice prevailing in other industries in or around the same region. It must be held that the feeding of funnels in the solvent extraction plant is an activity closely linked to the applicant`s main activity. This work is related to the nature of the industry performed by the complainant, which must be performed almost daily, and there should be no difficulty in having regular workers employed by the complainant to perform this type of work. It also follows from the comparison with other plants performing the same work that funnel feeding is an essential part of the industry operated by the complainant and could very well be done by the employee of the Department, as do others. In essence, the Labour Court`s instruction to abolish temporary agency work during loading and unloading cannot be upheld. If it is shown that, in a similar establishment, this type of work is not normally performed by regular workers, but by contract work, this is a circumstance that will work in the complainant`s favour.
There is no doubt that the Labour Court referred to article 10 of the Central Act, but it misapplied these provisions when it ordered the abolition of temporary agency work with regard to loading and unloading operations. Vegolis Pvt. Ltd.c. Workmen, (1971) 2 SCC 724, 730, 733.740. The provincial government has exclusive jurisdiction over the prohibition of the employment of temporary agency workers. The Labour Court cannot instruct a company to abolish temporary agency work, for .B. at a time after the act comes into force. Vegoils Pvt. Ltd.c. Workmen, (1971) 2 SCC 724.
p.10 – The central government does not have to record that it has examined the issue of the prohibition of temporary agency work in factories taking into account each individual. The onus is on the person challenging the application to prove that the disclosure in question was made for certain foreign considerations or without regard to the relevant factors referred to in p. 10(2). J.P. Gupta v. Union of India, 1981 Laboratory IC 641 (Pat HC). § 10 (1) – A single notice prohibiting temporary agency work may be issued in respect of different establishments or establishments if the establishment and nature of the work are similar in all establishments. J.P.
Gupta v. Union of India, 1981 Laboratory IC 641 (Pat HC). Chapter IV HIGHER LICENSING OF CONTRACTORS (1) Any application for a licence pursuant to Article 12 (1) shall be submitted in the prescribed form and shall contain information on the place of establishment, the nature of the procedure, the establishment or work for which temporary agency workers are to be employed and other compulsory information. FORM I (see Rule 17, paragraph 1) Application for registration of establishments employing temporary agency workers 1. Name and place of establishment. 2. Postal address of the institution. 3. Full name and address of the main employer (in the case of individuals, indicate the name of the father). 4. Full name and address of the farm manager or the person responsible for the supervision and control of the holding.
5. Type of work performed on the holding. 6. Information on contractors and temporary agency workers: a) Names and addresses of contractors. (b) the type of work in which temporary agency work is or is to be employed. (c) Maximum number of contract workers employed each day through each contractor.16 (cc) Estimated start date of each contract work under each contractor.] (d) Estimated date of termination of the employment relationship of temporary agency workers with each contractor. 7. Attached are the details of the cash receipt (name of the Consolidated Revenue Fund, amount and date).
I hereby declare that the above information corresponds to the best of my knowledge and beliefs. Primary employer. Seal and stamp Date of receipt by the Office of the Registration Application Officer. 25 (2) (v) (b) – Judged, reasonable and valid. Gammon India. c. Union of India. 1974) 1 SCC 596. . .
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