Courts jurisdiction and powers to abolish Contract Labour System in an Organization

I guess, this issue has rarely discussed among individual or in any discussion forum and as per my understanding there is less information available about the question related “do Courts have jurisdiction and powers to abolish Contract Labour System in an Organization?”.

To answer this it can contribute that before approaching Court of law, it is required to be examined whether the contract in question is genuine or sham or bogus. If the contract is genuine, then the contract workers, in absence of Employee-Employer relationship with the principal employer, would not be in a position to raise an industrial dispute against the principal employer, seeking relief of absorption in organisation’s employment as well as equality in service conditions. Furthermore, if the contract is genuine then while taking reference of one of case of Supreme Court of India it can say that the Courts have no jurisdiction to abolish it. It is only appropriate government under section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 have power to abolish it.

If the contract is sham or not genuine, then the workmen of the concerned contractor can themselves or through their union can approach the Court of law by raising an industrial dispute for a declaration that they were always the employees of the principal employer and can claim same service conditions at par with the employees directly employed by the principal employer, and when it is raised in this manner then it is not a dispute for abolition of labour contract.

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Hope this small write up will give insight about pertained subject.

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