Form 12 under Contract Labour Act
(1) The contractor is responsible for the payment of wages to each employee employed by the contractor as a temporary worker, and the wages shall be paid before the expiry of the prescribed time. 2. Each principal employer shall appoint a representative duly authorized by him to attend the payment of wages by the contractor and it is his duty to certify the amounts paid as wages in the prescribed manner. (3) It is the contractor`s responsibility to ensure payment of remuneration in the presence of the principal employer`s agent. (4) If the Contractor fails to make the payment of wages within the prescribed time or makes a short payment, the Principal Employer shall pay the full wages or outstanding balance due to the Contract Worker employed by the Contractor and claim the amount so paid from the Contractor either by deducting an amount to be paid to the Contractor in a Contract as a debt. payable by the contractor. TopNOTES p. 21 – The payment of salaries, including overtime wages, etc., must be made in full directly to employees, except with approved legal deductions, if any. Payment by the Khatedars after deduction of an advance reimbursed by the workers to the Khatedars or any copper costs, etc.
was not appropriate. Amounts due could be claimed from workers after payment of the full wage. Workers working on the Salal Hydro v.Etat de J. &. project K., (1983) 2 SCC 181: 1981 SCC (L &S) 289. (i) in respect of an office or department of the government or local authority, the head of that office or department or any other official such as “the government or local authority” may indicate on that behalf, (ii) in a factory the owner or resident of the plant and whether a person has been designated under the Plant Act as plant manager, 1948 (63 of 1948), the so-called person. NOTES that the word “occupant” has been defined in section 2(n) of the Mills Act; 1948 as follows: “Occupant” of a factory means the person who has final control over the affairs of the factory, and if said matters are entrusted to a manager, he is considered the owner of the factory. (iii) in a mine, the owner or representative of the mine and, where a person has been designated as the manager of the mine, the so-called person; (iv) in any other operation, any person responsible for the supervision and control of the mine. (2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall be construed in respect of that State as a reference to the relevant law, if any, in force in that State. Note:-The fact that the contractor`s work is outside the establishment is not part of the “work of an institution” at p. 2 (1) (c) – The construction of a building for the principal employer in a new location is “work of that institution” – the expression “work of an institution used in the definition of workers” or “contractor” is not the same as the expression “other work in an establishment” in S. 10- Do not make the same needs of worker or auxiliary needs of the main employer.
Gammon India Ltd.c. Union of India, 1974 CSC (L&S) 252. (1) An application for a permit under section 12(1) shall be made in the prescribed form and shall contain information about the location of the establishment, the nature of the procedure, operation or work for which the temporary agency workers are to be employed and such other information as may be prescribed. .
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