1983 LAB. I. C. 129 ::(1983) 1 LabLJ 255 ::1982 CriLR(SC MAH GUJ) 474 ::(1982) Guj LH 848 ::(1982) 2 Guj LR 449 ::1983 ICR 139 ::(1983) 2 Lab LN 284

Gujarat High Court

Hon'ble Judge(s): N. H. Bhatt, D. H. Shukla , JJ

Contract Labour (Regulation and Abolition) Act (37 of 1970}, Ss, 1, 2 (2) (c) , S, S.1, S.2(2)(c), S.24— Applicability of the Act - 'Contractor', meaning of - Employees of accused firm engaged on salary basis - Firm doing considerable work for other concerns as well and also its own independent work - Finn having supervision and control over employees - Held, provisions of the Act were not attracted -, Accused could not be convicted under S. 24. The contractor is one who supplies contract labour to an establishment undertaking to produce a given result for it. He hires labour in connection with the work of an establishment. The principal employer had the right of supervision and control. All contracts undertaken by one for another would not necessarily imply a contract of contract labour. 1974 Lab IC 707 (SC), Ref. on.(Para 11 13) In the instant case, there were more than 20 persons employed at the relevant time. However the employees of the accused firm were engaged on a salary basis to do work of the accused-firm which was doing considerable work for other concerns as well and also its own independent business on. a large-scale of selling manufactured garments. It was the accused-firm who was throughout having the supervision and control over the employees and that they were working on the premises of the....