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.
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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