Will the principal employer be liable to absorb the contract labour which has been abolished by the appropriate Government?
Though there is no express provision in the Act for absorption of workers whose contract labour system stood abolished by the publication of the Notification under Section 10(1) of the Act, in a proper case, the Court as sentinel in the quivive is required to direct the appropriate authority to act in accordance with law and submit a report to the Court and based thereon proper relief should be granted
The Delhi High Court while following the Supreme Court ruling of Air India Statutory Corporation has held that on abolition of the contract labour system, the principal employer will absorb such workers provided they are above the minimum age and below the maximum age and also they are medically fit.'
References
1. Air India Statutory Corporation vs. United Labour Union and Others, 1987 LLR 228 (SC).
2. Delhi Multi Storeyed Building Employees Congress VS. Union of India & Ors., 1998 LLR 12 (Del HC).
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