OSHW Laws

Manaswita Bharadwaja, Ph.D.

Assistant Professor (OB&HR)
IMI Bhubaneswar
Factories Act, 1948
Factory
Any premises including the precincts thereof:
• Where 10 or more workers are working or were working on any day of the
preceding 12 months, and in any part of which manufacturing process is being
carried out with the aid of power, or
• Where 20 or more workers are working or were working on any day of the
preceding 12 months, and in any part of which manufacturing process is being
carried out without the aid of power.
Manufacturing Process
A “manufacturing process” has been defined in Section 2(k). It means any process
for:
• Making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking-up, demolishing, or otherwise treating or adapting any article
or substance with a view to its use, sale, transport, delivery or disposal or
• Pumping oil, water sewage or any other substance, or
• Generating, transforming or transmitting power, or
• Composing types of printing letter press, lithography, photogravure or other
similar process or book-binding, or
• Constructing, reconstructing, repairing or refitting, finishing or breaking-up of
ships or vessels, or
• Preserving or restoring any article in the cold storage
Manufacturing Process
The above covers a very wide range of activities that come under the manufacturing
process. Without being stuck to the letter of Section 2(k), a very wide interpretation should
be allowed depending upon specific circumstances. The Factories Act being a “beneficent”
legislation, the interpretation has always been biased towards the inclusion of different
activities under the manufacturing process. For example, the following have been held to
be “manufacturing processes”:
üTransmission of electrical power through supply lines for sale
üDry-cleaning of garments
üConversion of sea water into salt
The manufacturing process together with a prescribed number of workers would
constitute the essential elements of a factory.
Mines, covered under The Mines Act, 1952, a mobile unit of the armed forces, railway
running shed, hotels, restaurants and eating places are specifically excluded from the
definition of a factory.
Worker
It is very important to understand the terms “worker”, “work- man”, “employee”, “staff ” in
the context of specific Acts.
The Factories Act has defined the term “worker”, whereas the Industrial Disputes Act has
defined the term “workman”.
A “worker” means
üA person employed
üDirectly or by or through any agency
üWith or without the knowledge of the principal employer (PE)
üHe may be employed with or without remuneration

A worker must be employed in:

• The manufacturing process, or
• In cleaning some parts of machinery or premises used for the manufacturing process, or
• In some other kind of work incidental to or connected with the manufacturing process
Worker
Ø“Employment”: co-existence of an “employer” (one who engages the service of
another person), an employee (one who works for another for hire) and a “contract
of employment” (employment results from a “contract for service”). The employee
agrees to serve the employer subject to his control and supervision.
ØThe employment may be directly under the employer or through a “contractor”. It
would not make a difference to the employee falling within the definition of a
“worker”. The contractor, in this case, becomes the employer, whereas the
employer is termed the “principal employer”.
ØThe employee, to be defined as a worker, must be engaged in the manufacturing
process, or something incidental or related to the manufacturing process.
• Based on a reading of the definition of “factory”, discuss whether
each of the following can be considered a “factory” or not:
• NTPC Limited
• Durgapur Steel Plant (Works Area)
• Delhi International Airport
• ICICI Bank Limited
• New Delhi Railway Station
• A Cold Storage
• The Ashok Hotel
• NIIT Technologies
Occupier
Another important definition is that of an “occupier” of the factory (Section 2(n)).

An “occupier” refers to a person who has the ultimate control of the factory.
In case of a partnership, any one partner shall be deemed as the “occupier”.
In case of a company, any one of the directors, and in case of a factory owned by
the central or state government, the person appointed to manage the affairs of the
factory shall be deemed as the “occupier”.
Occupier
• The Bhopal Gas Tragedy led to significant changes in the provisions of The
Factories Act in 1987, especially with respect to “hazardous processes” and the
definition of an “occupier”.
• The essence of the definition is the determination of the point as to who has the
“ultimate control” of the factory.
• The “manager” of a factory cannot be taken to be the “occupier” unless ultimate
control has been passed on to him by a resolution of the company.
• Manager: The manager is the person responsible for the
management and control of the factory.
Case: MK Manufacturers’ Working Hours Ltd.
(Factories Act)
WORKING HOURS, WEEKLY OFFS AND SPREAD-OVERS. Chapters VI, VII and VIII
contain provisions regarding regulation of work hours in a factory, weekly holidays, rest
intervals between work, spread-over of working hours, employment of young persons and
annual leave.
Weekly Hours (Section 51): 9.6
• No adult worker shall be required or allowed to work in a factory for more than forty-eight
hours in a week.
Weekly Holidays (Section 52):
• No adult worker shall be required or allowed to work in a factory on the first day of the
week (Sunday) unless given a full day’s holiday on one of the three days immediately
before or after the said day. This section also specifies that this substitution should not
result in any worker working for more than ten days consecutively without a holiday for a
whole day.
Compensatory holidays (Section 53):
• In case Section 52 is not applied on account of any exemption, a worker deprived
of any of the weekly holidays shall be allowed, within a month in which holidays
were due to him or within the two months immediately following that month,
compensatory holidays of equal number to the holidays so lost.
Daily Hours (Section 54):
• No adult worker shall be required or allowed to work in a factory for more than
nine hours in any day.
Intervals for Rest (Section 55):
• The periods of work of adult workers in a factory each day shall be so fixed that
no period shall exceed five hours and no worker shall work for more than five
hours before he has had an interval for rest of at least half an hour. The state
government, however, is empowered to exempt by a written order any factory
from this provision only to the extent that the total number of hours worked by a
worker without an interval does not exceed six.
Spread-over (Section 56):
• The periods of work of an adult worker in a factory shall be so arranged that inclusive of his
intervals for rest, they shall not spread over more than ten and a half hours in any day. The Chief
Inspector may, however, increase the spread-over up to twelve hours by a special order in writing.
• In simple terms, “spread-over” means the total duration of time (hours of work plus rest intervals).
For example, a worker is asked to work from 8 a.m. to 12 p.m. and then again from 3 p.m. to 7
p.m., i.e., a total of 8 working hours in a day. However, the spread-over in this case is 11 hours (8
a.m. to 7p.m.). Even though the working hour and rest interval adhere to the provisions of the
Factories Act, the total spread-over exceeds the stipulation of ten and a half hours.
Night Shifts (Section 57):
• In case a worker in a factory works on a shift that extends beyond midnight, a holiday for a whole
day shall mean a period of 24 consecutive hours beginning when his shift ends. The following day
for him shall be deemed to be the period of 24 hours beginning when such a shift ends, and the
hours he has worked after midnight shall be counted in the previous day.
• If a worker has worked in a night shift from 10 p.m. to 6 a.m., the holiday for him will be 24 hours
from 0600 hours and not from 0000 hours. There should be a clear 24-hour break (at least)
between the end of his shift and the beginning of the next shift after a holiday.
The Prohibition of Overlapping Shifts (Section 58):
• Work shall not be carried on in any factory by means of a system of shifts so arranged that more
than one relay of workers is engaged in work of the same kind at the same time.
Extra Wages for Overtime (Section 59):
• Where a worker works in a factory for more than nine hours in any day or for more than forty-eight
hours in any week, he shall in respect of overtime work, be entitled to wages at the rate of twice
his ordinary rate of wages. Ordinary rate of wages means basic wages plus allowances. In case of
piece-rated workers, the time rate shall be deemed to be equivalent to the daily average of their
full-time earnings.
Restriction on Double Employment (Section 60):
• No adult worker shall be required or allowed to work in any factory on any day on which he has
already been working in any factory, save in such circumstances as may be prescribed.
Section 64:
• This Section restricts the total number of work hours in a week including overtime to 60 and the
total number of hours of overtime to 50 in a quarter. There is a demand from the industry to
increase the total overtime hour from 50 to 150 hours in a quarter in a continuous-process industry.
The Employment of Women
The employment of women in any factory is restricted to timings between 6 a.m. and 7 p.m.
Women are not to be deployed on night shifts.
The provision made in this section states that women cannot be exempted from the
requirement that the maximum working day for adults is nine hours, and cannot work in
factories between 7 p.m. and 6 a.m. (unless the factory falls within a specific exemption, but
in any case, not between 10 p.m. and 5 a.m.). I
n relation to women, there must not be a change of shifts except after a weekly or other
holiday. Periods of absence on maternity leave are included in calculating periods of service
for the purposes of annual leave.
The Prohibition of Employment of Young Children (Section 67):
• No child who has not completed his 14th year shall be required or allowed to work in any
factory.
Annual Leave with Wages (Section 79):
• Every adult worker who has worked for a period of 240 days or more in a factory during a
calendar year shall be allowed during the subsequent calendar year one day of leave
entitlement for every 20 days of work.
Case: Mahadeo’s Amputation (Factories Act)
 Questions

1. Was Mahadeo performing his normal duties in an orderly way?

2. Was the manager of the factory at fault in not complying with the provisions
of the Factories Act, 1948, relating to fencing of machinery?
3. In what ways did the Inspector of Factories fail to perform his duties?
4. On what grounds was the manager of the factory exonerated of the charges
by the court?

*the guards mentioned in this case are safety devices or protective barriers
installed around machinery to safeguard the well-being of workers and prevent
accidents in the factory environment.
 Relevant Sections
Section 21 - Fencing of Machinery:
In every factory, the dangerous parts of every machine are to be securely fenced. The following have been stipulated:
i) Every moving part of a prime mover and every fly wheel connected to a prime mover, whether the prime mover or fly wheel is
in the engine-house or not
ii) The headrace and tailrace of every water wheel and water turbine
iii) Any part of a stock bar that projects beyond the head stock of a lathe
iv) Unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be
if they were securely fenced, the following, namely—
a) every part of an electric generator, a motor or rotary converter;
b) every part of transmission machinery; and
c) every dangerous part of any other machinery
shall be securely fenced by safeguards of a substantial construction, which shall be constantly maintained and kept in position
while the parts of machinery they are fencing are in motion or in use. Sub-section 1 provides for examination or operation to
determine whether any part of the machinery is in such position or such construction as to be safe.
Section 22—Work on or Near Machinery in Motion:
• To take precautionary measures with regard to operational safety arising out of malfunctioning of machines and defects in
functional mechanisms, Section 22 provides for lubrication or other adjusting operation carried out by a trained adult worker
wearing tight-fitting clothing, which shall be supplied by the “occupier” of the factory. Sub-section 2 ensures special protection
to women and young persons (below 18 years of age and above 15 years of age) against risk of injury from any moving part
either of that machinery or an adjacent machinery by prohibiting engagement of women and young persons in the processes of
cleaning, lubrication or adjusting operation of any part of a prime mover or any transmission machinery while these are in
motion.
• An Inspector of Factories is a government-appointed official tasked
with enforcing the regulations outlined in the Factories Act, 1948,
within their designated jurisdiction. Inspectors are responsible for
conducting inspections of factories to ensure compliance with safety,
health, and welfare standards for workers. They have the authority to
issue notices, conduct inquiries, and take appropriate actions to
enforce compliance with the Act. Inspectors play a crucial role in
promoting safe and healthy working conditions and protecting the
rights of workers employed in factories.
The functions and powers of the Inspector of Factories are outlined in various sections of the
Factories Act, 1948. Here are the key sections that highlight the functions and powers of the
Inspector of Factories:
Section 8: This section empowers the State Government to appoint Inspectors of Factories and
Chief Inspectors of Factories. It also specifies their qualifications and the areas over which they will
exercise jurisdiction.
Section 9: This section outlines the powers of Inspectors, including the authority to enter and
inspect any factory, examine witnesses, and require the production of documents or records
relevant to the administration of the Act.
Section 10: Inspectors have the authority to make regular examinations of factories, workshops,
and other premises where manufacturing processes are carried out to ensure compliance with the
provisions of the Act.
Section 11: Inspectors are required to report on the compliance of factories with the provisions of
the Act to the State Government.
Section 12: This section empowers Inspectors to issue various kinds of notices and directions to
factory owners or managers for compliance with the provisions of the Act.
Section 13: Inspectors have the authority to make recommendations to the State Government for
improving the safety, health, and welfare conditions in factories.
Section 14: Inspectors are required to keep records of their inspections, examinations, and other
activities related to the administration of the Act.
• In this scenario, the delay in the Inspector of Factories' visit to the factory
following the accident may not be explicitly addressed in a single section of
the Act. However, the Act does provide broad powers to the Inspector to
visit factories, conduct inquiries, and take appropriate actions to enforce
compliance with safety standards and regulations.
• The delay in the Inspector's visit could potentially impact the effectiveness
of the investigation and the ability to gather timely evidence related to the
accident and any violations of the Act. While the Act does not specify a
specific timeline for such visits, prompt action by the Inspector is essential
to ensure the safety of workers and enforce accountability for any
violations of safety regulations within factories.
 The Contract Labour
(Regulation and Abolition)
Act, 1970
• Contract labour, by and large, is neither borne on pay roll or muster roll, nor is
paid wages directly.
• The establishments, which outsource work to contractors, do not own any direct
responsibility in regard to their labourers.
• Generally, the wage rates to be paid and the observance of working conditions
are stipulated in agreements, but in practice, they are not strictly adhered to.
The objectives of the Act are to:
i) Abolish the system of contract labour wherever possible and practicable
ii) Improve service conditions of contract labour where abolition of the contract
labour was not possible
iii) Regulate the working conditions of the contract labour so as to place it at par
with labour employed directly
iv) Ensure timely payment of wages and provision of essential amenities
Coverage
• The Act applies to every establishment/contractor in which 20 or more workmen are
employed or were employed on any day in the preceding 12 months as contract
labour and to every contractor who employs or who employed on any day of the
preceding 12 months, 20 or more workmen.
• It does not apply to establishments where the work performed is of intermittent or
seasonal nature.
• For the purpose of this sub-section, work performed in an establishment shall not be
deemed to be of an intermittent nature--
(i) if it was performed for more than one hundred and twenty days in the preceding
twelve months, or
(ii) if it is of a seasonal character and is performed for more than sixty days in a year.
• The Act also applies to establishments of the government and local authorities as
well.
Registration and Licensing
• The establishments covered under the Act are required to be registered as
principal employers with the appropriate authorities.
• Every contractor is required to obtain a licence and not to undertake or execute
any work through contract labour, except under and in accordance with the
licence issued in that behalf by the licensing officer.
• The licence granted is subject to conditions relating to hours of work, fixation of
wages and other essential amenities in respect of contract as prescribed in the
rules.
• An appropriate government can make rules. It will appoint inspecting staff to
ensure that the provisions of the Act are being followed (Section 28).
Registration and Licensing
Principal Employer:
üThe principal employer is the entity that has ultimate control over the establishment
where contract labour is engaged. This could be the owner, occupier, or manager of the
establishment.
üThe principal employer is responsible for registering the establishment under the Act if it
engages 20 or more contract workers on any day of the preceding 12 months.
üThe principal employer must apply for registration with the appropriate government
authority and obtain a certificate of registration before engaging contract labour.
Contractor:
üThe contractor is the individual or agency that supplies contract labour to the principal
employer.
üIf a contractor engages 20 or more contract workers at any time during the preceding 12
months, they are required to obtain a license from the appropriate government
authority.
üThe contractor must apply for a license for engaging in the business of supplying contract
labour and comply with the conditions and regulations specified under the Act.
Duties of Contractor
• The contractor is required to maintain muster roll and register of wages (Section
29).
• The contractor is required to pay wages to workmen on time, in the presence of
an authorized representative of the principal employer (Section 21).
• He should issue wage slips to a workman and obtain signature or thumb
impression on the wage register.
• If the contractor fails to make payment of wages, the principal employer is liable
to make payment of wages to the contract labour. He can recover this amount
from the contractor [Section 21(4)].
• The contractor is required to provide canteen facilities, first-aid, rest rooms,
drinking water, latrines and washing facilities, as per rules made by the state
government (Section 16 and 17).
Duties of Contractor
Grievance handling of contract labour must be done by the contractor only.
If the contractor has similar types of contracts in different concerns, then he should try to transfer
the employees from one establishment to another establishment.
The contractor shall select and appoint the workmen without any interference of the principal
employer.
The contractor shall determine the mode, method and manner of working. The principal employer
shall not interfere in regard to the same.
The contractor shall employ the workforce, according to his requirement, but he shall not in any
case exceed the number of workmen shown in the licence.
The contractor shall submit monthly printed bill to the company for payment of the work done by
him by the 1st day of the following month.
The contractor should pay the wages to his workmen in the presence of the representatives of the
company who shall also sign on the muster.
The contractor shall pay his own taxes as per the provisions of statutory Act.
Every contractor shall send a half-yearly return to the licensing officer within 30 days of the close
of the half-year.
Duties of the Contractor
• Every contractor to whom the Act applies is required to obtain a licence. An application
will be made in Form IV to the licensing officer of the area where the establishment is
located.
• The application will be accompanied by a certificate of the principal employer to the
effect that the applicant has been employed by him as a contractor in relation to the
establishment.
• The licence has validity of one year from the date it is granted or renewed. Please note
that for each “contract”, a separate application has to be made even if the principal
employer is the same.
Duties of the Principal Employer
• The employer has to ensure that the contractor is paying wages to his workmen before
expiry of the seventh day of every month if the number of workers employed in the
company does not exceed a thousand, or before the expiry of the tenth day of every
month if the number of workers employed in such Company are more than one
thousand.
• Also, the employer has to ensure that minimum wages are paid to contract labour.
• The principal employer shall pay wages in full to the contract workmen in case the
contractor fails to pay the same.
• The principal employer has a statutory obligation for the payment of wages to contract
labourers including arrears, in case the contractor commits default, which he can recover
from the contractor by deducting from any amount payable to him or as debt payable to
him or as debt payable by him.
Duties of the Principal Employer
• The Act stipulates the obligation of the principal employer and the contractor employing
contract labour to provide canteen and other facilities. In case of failure on the part of
the contractor to provide such facilities, the principal employer is made liable to provide
the amenities.
• The principal employer shall ensure while making payment to the contractor that the
contractor has paid the employees’ provident fund and ESI contributions deductions
both of the contractor and employees on time.
• The Act enjoins obligation on every principal employer and every contractor to maintain
the registers and records.
• The principal employer shall send the return annually so that it reaches the registering
officer not later than 15th of February following the end of the year to which it relates.
Facilities for Contract Labour

• The Act has laid down certain amenities to be provided by the contractor to the contract
labour.
• The establishment of canteens and rest rooms, latrines and urinals, washing facilities and
first-aid facilities and arrangements for sufficient supply of wholesome drinking water have
been made obligatory.
• In case of failure on the part of the contractor to provide these facilities, the principal
employer is liable to provide the same.
• All expenses incurred by the principal employer in providing the amenity may be recovered
by the principal employer from the contractor either by deduction from any amount payable
to the contractor under any contract or as a debt payable by the contractor.
Payment of Wages
The contractor is required to pay wages and a duty is cast on him to ensure
disbursement of wages in the presence of the authorized representative of the
principal employer.
In case of failure on the part of the contractor to pay wages either in part or in full,
the principal employer is liable to pay the same.
The contract labour, who performs the same or similar kind of work as regular
workmen, will be entitled to the same wages and service conditions as regular
workmen as per the Contract Labour (Regulation and Abolition) Central Rules,
1971.
Other Laws Applicable to Contract Labour

• Besides the Contract Labour (Regulation and Abolition) Act, various other Acts
are applicable to contract labour—(a) the Factories Act: The Act makes no
distinction between per- sons directly employed and employed through a
contractor; (b) Employees’ Provident Funds Act; (c) ESIC; (d) the Payment of
Wages Act; (e) the Minimum Wages Act; (f) the Industrial Disputes Act; and (g)
the Workmen’s Compensation Act.
Prohibition of Contract Labour
Contract labour may be engaged for the following reasons:
a) For seasonal/occasional requirement/temporary increase of work
b) Need of expertise in a particular job
c) Economic and financial feasibility
Areas where contract labour should not be engaged:
i) All such jobs as notified by the appropriate government
ii) All processes, operations and other work incidental to, or necessary for, the
industry, trade, business, manufacture, or occupation are carried on in the
establishment for jobs of perennial nature, that is to say, of sufficient duration
iii) Jobs done ordinarily through regular workmen in the establishment
 Prohibition of Contract Labour
Apart from the regulatory measures provided under the Act for the benefit of contract labour, the
appropriate government under Section 10 (1) of the Act is authorized, after consultation with the Central
Board or State Board, as the case may be, to prohibit, by notification in the official gazette, employment of
contract labour in any establishment in any process, operation or other work.
It lays down sufficient guidelines for deciding upon the abolition of contract labour in any process,
operation or other work in any establishment:
ü Conditions of work and benefits provided to the contract labour
ü Whether the work is of a perennial nature
ü Whether the work is incidental or necessary for the work of an establishment
ü Whether the work is sufficient to employ a considerable number of whole-time workmen
ü Whether the work is being done ordinarily through regular workmen in that establishment or a similar
establishment
The central government, on the recommendations of the Central Advisory Contract Labour Board, has
prohibited the employment of contract labour in various operations/category of jobs in various
establishments. So far, 73 notifications have been issued since the inception of the Act.
 Prohibition of Contract Labour
• The prohibition of contract labour in certain circumstances is addressed in Section 10 of the Contract
Labour (Regulation and Abolition) Act, 1970. This section empowers the appropriate government to
prohibit the employment of contract labour in any process, operation, or other work in any
establishment.
1. Section 10 (1): This subsection states that the appropriate government, if satisfied that the employment
of contract labour should be prohibited in any process, operation, or other work in any establishment,
may, by notification in the Official Gazette, prohibit such employment.
2. Section 10 (2): Subsection 2 of Section 10 specifies that the prohibition under subsection (1) may be
made with respect to any establishment, any class or description of establishments, or any class or
description of contract labour.
3. Section 10 (3): This subsection mandates that any notification issued under this section shall specify the
date from which the prohibition shall take effect, which shall not be less than three months from the
date of publication of the notification.
4. Section 10 (4): Subsection 4 of Section 10 empowers the appropriate government to direct that, pending
the publication of a notification prohibiting the employment of contract labour, no new contracts
involving such labour shall be entered into or, in the case of contracts already entered into, that no new
workers shall be employed under the contracts after the specified date.
Overall, Section 10 of the Contract Labour Act grants authority to the appropriate government to prohibit
the employment of contract labour in any process, operation, or work in an establishment if it deems
necessary. This provision aims to regulate the engagement of contract labour and ensure their welfare.
Case: JNK Auto and Alpha Contracting Services (The
Contract Labour (Regulation and Abolition) Act, 1970)
Questions for Discussion
• Bring out the legal as well as industrial relations issues in the above
case.
• Discuss the strategy adopted by the management within the constraints
of law.
• Could there have been a better strategy?
 Interstate Migrant Workmen
(Regulation of Employment
and Conditions of Service) Act,
1979
• Inter-State Migrant Workman: "Inter-State migrant workman" means any
person who is recruited by or through a contractor in one State under an
agreement or other arrangement for employment in an establishment in
another State, whether with or without the knowledge of the principal
employer in relation to such establishment, whether for remuneration or
not, and includes any such person who is employed as aforesaid directly by
the principal employer under the same agreement or arrangement, but
does not include any such person—
• (i) who is employed mainly in a managerial or administrative capacity; or
• (ii) who, being employed in a supervisory capacity, draws wages exceeding
five hundred rupees per mensem or exercises, either by the nature of the
duties attached to the office or by reason of the powers vested in him,
functions mainly of a managerial nature.
• The ‘Inter-State Migrant Workman’ (ISMW) is defined under the Act to
mean any person who is recruited by or through the Contractor in one
State under an Agreement or other arrangements or employment in an
establishment in another State. It is inconsequential whether such
employment is whether with or without the knowledge of the Principal
Employer of such Establishment.
• In essence, the recruitment should have been made in one particular
State through a Contractor or other arrangements and he should have
been brought to another State in which establishment is located. As an
instance, if the person is recruited from another State and brought into
Karnataka for working in the establishment through the Contractor or
as a direct employee of the employer, only such person will be treated
as ISMW. However, if a person belonging to another State directly
approaches the employer for employment in Karnataka and if he is
given employment by the employer, the ISMW Act does not cover such
workmen.
• Under the Interstate Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979, contractors who supply interstate migrant
workers to establishments must obtain a license from the state where the
establishment is located. The licensing authority is typically the labour
department or a designated department within the state government
responsible for overseeing labour-related matters.
• The rationale behind obtaining a license from the state where the
establishment is located is to ensure that the contractor complies with the
regulations and requirements specific to that jurisdiction. It allows the
state government to monitor and regulate the engagement of interstate
migrant workers within its boundaries and enforce the provisions of the Act
effectively.
• Therefore, contractors engaging interstate migrant workers need to adhere
to the licensing procedures and requirements set forth by the state
government where the establishment is situated. Failure to obtain the
necessary license or comply with the regulatory framework may result in
penalties and legal consequences under the provisions of the Act.
• The passbook for interstate migrant workers is typically provided by
the contractor who engages the workers for employment in
establishments located in states other than their home state. In some
cases, the employer may also be responsible for issuing passbooks to
the workers, especially if the employer directly engages interstate
migrant workers without the involvement of a contractor.
 Case: Rajesh Kumar and Elevate Construction Company
(Interstate Migrant Workmen (Regulation of Employment
and Conditions of Service) Act, 1979)
We had a discussion regarding the violations of the Interstate Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 in the context if
this case.