Roogh Draft

On
Is Contractual Employment Violation Of Fundamental Right

SUBMITTED BY
NAME : Mayank Shekhar
ROLL NO. : 1834
5th Semester
COURSE : B.B.A LL.B (Hons.)

SUBMITTED TO
Ms. Pallavi Shankar
(Faculty of Labour lawII)

August, 2019. CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR

MITHAPUR, PATNA- 800001
INTRODUCTION.
A Contract labour is a workman employed in or in connection with the work of an
establishment when he is hired in or in connection with such work by or through a contractor,
with or without the knowledge of the principle employer. [1] This system of employment is not
new to India even though globalisation has strengthened its roots in recent times. However, it
is interesting to note that from very early times the critiques of contract labour system were in
plenty. [2]

Employers prefer contract labour as it promotes labour market flexibility and increases
competitiveness of the enterprises. Contract labour is more productive as they work for longer
hours, are cheaper, can be more easily deployed in work situations that are more hazardous and
the cost to the company and the liability in cases of accidents is lower. Such a system provides
flexibility in the working of the establishments as terminating a contract with the contractor
offers a much simpler course than retrenching their own workers who may take recourse to the
Industrial disputes Act. Also, employers save money by engaging labour without having to
extend social welfare benefits such as leave wages, Employees’ State Insurance or Provident
Fund contributions, and bonus. However, in all this the welfare of contract labour is ignored
and they become an exploited and deprived lot. Even with the enactment of the CLRA Act,
1970 the contract labour force has not received much respite. [3]

The 1970 Act provides for abolition of contract labour wherever possible and practicable and
where it cannot, policy of the Act is that working conditions of contract labour should be
regulated so as to ensure payment of wages and essential benefits. [4] It gave the prerogative
of the Court to decide on the abolition of contract labour to the appropriate Government after
consultation with the advisory Board. [5]

However, there were certain glaring omissions in the Act. One of them dealing with the fate of
the erstwhile contract workmen after the contract labour is abolished. These lacunae led to the
catena of conflicts between the management and the labour. On the abolition of the contract
labour, the labour seemed to be in a worse position than before as they can neither be employed
by the contractor nor is there any obligation cast on the principle employer to engage them in
his establishment. Even the courts left the decision of absorption on the industrial adjudicator
who also could take a decision only if an industrial dispute in this regard was raised by the
regular employees!
AIMS AND OBJECTIVES.
• To study the advantage and disadvantages of contractual labour.
• To explore and analyse Contract Labour Act, 1970.

HYPOTHESIS.
The researcher presumes that the contractual employment isn’t violation of fundamental right.

LITERATURE REVIEW
Policy and Law on Contract Labour in India Hardcover – 2013
by Sanjay Upadhyaya (Author)

RESEARCH METHODOLOGY.

Primary method of research was adopted in the making of this project. Various reports from
the library and the internet, were used extensively in collecting the data essential for this study.
The method of writing used in this project is primarily analytical.

TENTATIVE CHAPTERIZATION.
CHAPTER 1Contractual employment; Introduction
CHAPTER 2 : Contract Labour Act, 1970
CHAPTER 3; Contractual employment not violation of fundamental right.s
CHAPTER 4; Conclusion.