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Abstract
Although Contract Labour system is prevalent for centuries in India, a codified system of rudimentary nature is traceable to ex-princely states with the objective of safeguarding the interests of the subjects. Even after independence, there was no substantial development till the parliament passed Contract Labour (Regulation and Abolition) Act-1970. Several judge-made laws are in place in between to address some issues but not addressed in its right perspective. Even today, the law is not self sufficient to cover the whole gamut of issues covering the contract labour. A journey into the legal system - both codified and judge made - would lead us to an inference as to whether the law is adequate or the system is sufficient to achieve its objective.
Keywords: Contract Labour, Regulatory Framework, India
Contract Labour as seen by authors
Dr. Shakuntala Mahawal says that a contract labour is a person who is hired, supervised, contracted and remunerated by a contractor, who in turn, is compensated by the user enterprises (Mahawal,2004)[1] A labour who possesses the criteria of having indirect relationship with the firm or an establishment and wage payment, is a contract labour. So a contract labour becomes an indirect employee of the firm or an establishment. Saxena (1986)[2] has rightly said about the causes of non-involvement of the firm or industry regarding the contract labour. A contract labour is neither on pay roll nor is paid directly. This is the essence of the concept of contract labour.
Vast majority of the workers working as contract labour, work under pathetic conditions, for long hours with low wages as compared to permanent workers doing similar work. Many of the social security benefits like provident fund, sickness/ insurance, gratuity, privilege leave with pay and so on, are properly not provided to a contract labour. Because of uncertainty of tenure, frequent changes in contracts and contractors, lack of proper employment records and a number of other similar factors, a contract labour finds it extremely difficult to get organized and fails in getting most of his legitimate dues (Dr.Sanjay Upadhyaya)[3]
Indian scenario
Contract Labour system in Indian Industries - whether manufacturing or service sector - has invited the attention of policy makers for the last 100 years. Government actions in this...