Contract Labour: Progressive Step Or Regulatory Retreat? From Promise To Practice: The Law, The Courts And The Ground Reality Of Contract Labour In India
Vishwambhar Kanakdande, B.A. LL.B., Government Law College, Mumbai, India
ABSTRACT
Contract labour has for more than fifty years been one of the most disputed areas of Indian labour law, with the employer's requirement for flexibility being opposed to the worker's right to secure tenure. This article examines that ongoing dispute starting from the Contract Labour (Regulation and Abolition) Act of 1970, via the Supreme Court's changing interpretations of the principle of absorption, and ending with the Occupational Safety, Health and Working Conditions Code of 2020, which came into effect on 21 November 2025. Based on legal principles, recent judicial decisions and interviews conducted with contractors and contract labourers in Maharashtra and Gujarat, the article considers whether the codification thus achieved represents a step forward or marks a retreat in regulation. The view put forward is that while the Code has a progressive appearance it may have a regressive effect, and that the fundamental problem in this area namely, the gap between what the law promises and what actually happens in practice still remains unaddressed.
Keywords: Contract Labour; Occupational Safety, Health and Working Conditions Code, 2020; Contract Labour (Regulation and Abolition) Act, 1970; Labour Law; Judicial Absorption; Employment Security; Labour Regulation; Codification; Contract Workers; Regulatory Reform; Indian Labour Law; Principal Employer; Labour Rights; Regulatory Retreat; Labour Welfare.
