Contract Labour System in India
CONTRACT LABOUR SYSTEM IN INDIA
TABLE OF CONTENTS 1. Abstract 3 2. Introduction 3 3. Literature Review 4 4. Objective 6 5. Methodology 6 6. Contract Labour System-over the years 7 7.1. Pre-legislation Judicial Measures 7 7.2. Analysis of Landmark Judgements by Court: Post Enactment of the CLRA 7 7. Developments Post-Liberalization: Impact on Contract Labour 10 8.3. Contract labour performing core activities 11 8.4. Wages of contract and permanent workers: A Comparison 11 8. Contemporary Issues 12 9. Recommendations 13 10. Conclusion 15 11. References 15
ABSTRACT
Contract labour has always been a contentious issue. It is considered to be a boon by management, as a threat by permanent worker and as a root cause for a lot of conflagration by industry experts. In order to surpass stringent labour regulations, the industrial sector in India is largely resorting to contract workers, who are governed by the “Contract Labour Regulation and Abolition Act (CLRA), 1970”. The act has been in force for the past several years during which many changes have occurred in the industrial sector. With the introduction of economic reform process after liberalization in 1991, output and profitability have assumed even greater importance, encouraging employers to bypass or find loopholes in the laws enacted for the protection of the contract workers. Also the decisions by the Courts, in respect of this law, are now being used for the purposes contrary to the purpose for which the Act was enacted.
The paper shows the objective with which the Act was first introduced and analyses the judgement of various crucial cases to show how courts have deviated & contradicted themselves from the earlier principles laid down by them while interpreting the provisions of law. In this study efforts have been made to find out whether the purpose for which this law was enacted has been fulfilled.
TABLE OF CONTENTS 1. Abstract 3 2. Introduction 3 3. Literature Review 4 4. Objective 6 5. Methodology 6 6. Contract Labour System-over the years 7 7.1. Pre-legislation Judicial Measures 7 7.2. Analysis of Landmark Judgements by Court: Post Enactment of the CLRA 7 7. Developments Post-Liberalization: Impact on Contract Labour 10 8.3. Contract labour performing core activities 11 8.4. Wages of contract and permanent workers: A Comparison 11 8. Contemporary Issues 12 9. Recommendations 13 10. Conclusion 15 11. References 15
ABSTRACT
Contract labour has always been a contentious issue. It is considered to be a boon by management, as a threat by permanent worker and as a root cause for a lot of conflagration by industry experts. In order to surpass stringent labour regulations, the industrial sector in India is largely resorting to contract workers, who are governed by the “Contract Labour Regulation and Abolition Act (CLRA), 1970”. The act has been in force for the past several years during which many changes have occurred in the industrial sector. With the introduction of economic reform process after liberalization in 1991, output and profitability have assumed even greater importance, encouraging employers to bypass or find loopholes in the laws enacted for the protection of the contract workers. Also the decisions by the Courts, in respect of this law, are now being used for the purposes contrary to the purpose for which the Act was enacted.
The paper shows the objective with which the Act was first introduced and analyses the judgement of various crucial cases to show how courts have deviated & contradicted themselves from the earlier principles laid down by them while interpreting the provisions of law. In this study efforts have been made to find out whether the purpose for which this law was enacted has been fulfilled.
References: 1. Contract Labour Regulation and Abolition Act, 1970: In India, contract labour is protected by the Contract Labour Regulation and Abolition Act, 1970 2. Contract Labour Act in India – A Pragmatic View, (research paper) by Meenakshi Rajeev (2009): The following were the main highlights of the research paper: 3. Downsizing Versus Contract Labour System, Productivity. Vol. 39 (1), April-June by E.M. Rao (1998): Highlights of the paper are: 4. Study Report by Tata Institute of Social Sciences and Navjeevan Samiti on ‘Wages and Work Conditions of Contractual Conservancy Workers’ (April, 2008): The following were the main highlights of the report: METHODOLOGY Several authors (for example Carley, 1993; Woodrum, 1984) have affirmed the belief that content analysis is promising for rigorous exploration of many important issues of interest related to management