Student at Aligarh Muslim University, Malappuram Centre, India
Various sectors of Labour Play has a significant role in contributing to our nation's economy. However, despite their invaluable contributions, these workers often receive minimal returns for their hard work. The unorganized sectors, in particular, face numerous challenges, including job insecurity, poor working conditions, and limited access to social security benefits. The Contract Labour (Regulation and Abolition) Act, 1970, was enacted to address these issues and improve the conditions of contract labourers. The Act aims to regulate the employment of contract labour in certain establishments and abolish it in specific circumstances where it is deemed necessary in the interest of workers. This abolishes the "theka" practice of "mazdoor," which refers to the exploitation of labourers by contractors who act as middlemen, often leading to unfair labour practices and inadequate protection for workers. The primary objective of the Act is to ensure the welfare of contract labourers by regulating their employment and working conditions, thereby safeguarding their rights and promoting fair labour practices. It provides for the establishment of advisory boards at the central and state levels to advise on matters related to the administration of the Act and recommend measures for improving the conditions of contract labour. Despite its noble intentions, the implementation of the Contract Labour (Regulation and Abolition) Act, 1970, has faced numerous challenges. Issues such as inadequate enforcement, lack of awareness among workers, and the reluctance of employers to comply with the provisions have hindered the effectiveness of the Act. Additionally, the evolving nature of the labour market and the increasing trend towards informalization of work have raised questions about the relevance and adequacy of the Act in addressing contemporary labour issues. This critical analysis aims to examine the key provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and assess their impact on contract labourers in India. It will explore the challenges and limitations in the implementation of the Act and provide recommendations for enhancing its effectiveness. By delving into the legislative intent, judicial interpretations, and ground realities, this analysis seeks to contribute to the ongoing discourse on labour law reforms and advocate for a more just and equitable framework for contract labour in India.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 6, Page 426 - 447
DOI: https://doij.org/10.10000/IJLMH.1111095
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021