Proprietor A K Kandpal & Associates
1442 Points
Joined February 2010
who is experienced does not matter....i can be wrong and so you can be......i am just asking the reason of distinguising between temporary labour and permanent labour, when law does not do the same.....
you are limiting the defination of emloyee to regular employment.....there is no criteria given in the act itslef to decide whether a person is employee or not....so we have to move toward other acts......you took any labour related law (eg, esi act, epf act etc) and read the definition of employee......nowhere there is any distinction between temporary and permanent labour......to know whether a person is employee or not,continuity of employment is not a criteria, otherwise daily wage worker will be denied the minimum wages benefits.....there are many criteria for decide whether the person is employee or not -
*Right to control
*Nature of work performed
*Right to hire and fire
*Method of Payment
*Who provides equipments and all......
There is no case law in that matter in my knowledge, if you know then please tell us.......There are fine scope of difference of opinion in this case in the absense of any speciic definition.....but i will always suggest my client the course which is more beneficial to him in case of ambiguity but with disclaimer.