Can the court impose a condition upon the principal employer to direct the contractor to employ particular employees?
The court cannot direct the principal employer to impose conditions on successive contractors to employ particular workmen. In one case, it was held that neither the Contract Labour (Regulation and Abolition) Act nor the Rules made there under provide that upon the abolition of the contract labour in any establishment, the said labour should be directly absorbed by the principal employer of that establishment. Nor is there any provision that pending decision upon an application under section 10 by workers, the said workers should continue to be engaged, at the instance of the principal employer, by the contractor engaged by such principal employer. When the Act does not provide for such measure but contents itself by mere regulation of the conditions of service of employees under the contractor and abolition of contract labour, it is not permissible for the High Court under Art. 226 to direct the appellant federation to impose a condition on the successive contractors engaged by it to employ the employees who had moved the government under section 10 of the Act, till a final order is passed under section 10 by the State Government.
Reference:
A.P, Dairy Development Co-op. Federation vs. K. Ramulu, 1989 –I CLR 407 (A.R.).
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