The aforementioned term we can explain with the help of one
example.
If a company having no activities or office at construction
site owned by them and has assigned the work of construction to a construction company
who has expertise in construction work, then in that scenario do said company
require to obtain Registration Certificate under the Contract Labour
(Regulation and Abolition) Act, 1970? This is because most of cases Company
raise the query that as they are not having office or business activities
carrying out in said construction site then in that case there will be no
liability to apply/obtain Registration Certificate on that behalf under the Contract
Labour (Regulation and Abolition) Act, 1970.
But, as per the decision of Supreme Court of India in one of
the case, the principal employer, although has no trade, industry or business
carrying out at construction site, still the construction of any building is
the work of said company only. Therefore, said company is required to obtain
certificate under the Contract Labour (Regulation and Abolition) Act, 1970.
To get the supporting case law for this do write us on girishvivalkar979@gmail.com
Hope this small write up will give insight about pertained
subject.
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