Court : Supreme Court of India
Reported in : AIR1974SC1832; [1974(28)FLR177]; 1974LabIC1237; (1974)ILLJ367SC; (1974)4SCC43; [1974]3SCR221
..... the beedi and cigar workers (conditions of employment) act, 1966 is an act to provide for the welfare of the workers in beedi and cigar establishments and to regulate the conditions of their work and for matters connected ..... provisions of the beedi and cigar workers (condition of employment) act, 1966 referred to as the act are impeached as unconstitutional in these petitions and appeals.2. ..... in which leave wages for workers in industrial premises and home workers are to be calculated may be illustrated with reference to the beedis and cigar workers (conditions of employment) mysore rules, 1969. ..... of the act defines employee to mean a person employed directly or through any agency whether for wages or not in any establishment to do any work skilled and unskilled and includes (i) any labour who is given raw materials by an employer or a contractor for being made into beedi and cigar or both at home (hereinafter referred to in this act as 'home worker' and (ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor. ..... pith and substance of this act is regulation of conditions of employment in the beedi and cigar industry ..... section 39(2) of the act provides that disputes between an employee and an employer in relation to issue of raw materials, rejection of beedis and cigars, payment of wages for the beedis and cigars rejected by the employer, shall be settled by such authority as the state government .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR312; (1988)90BOMLR139
..... shri shah, learned counsel appearing for the petitioners contended before us that under section 39(1) of the beedi and cigar workers (conditions of employment) act, 1966 (hereinafter referred to as the beedi act), provisions of the industrial disputes act, 1947 are made applicable to the matters arising in respect of every industrial premises. ..... from the statement of objects and reasons for enacting the beedi act, it is quite clear that the working conditions prevailing in the beedi and cigar establishments are unsatisfactory. ..... therefore, from the statement of objects and reasons, it is quite clear that the act is a beneficient piece of legislation meant for protecting the unorganised labour in beedi and cigar industry from being exploited by unscrupulous employers. ..... the act provides for the regulation of the contract system of work, licensing of beedi and cigar industrial premises and matters like health, hours of work, spread over, rest periods, overtime, annual leave with pay, distributions of raw materials etc. ..... a special feature of the industry is the manufacture of beedis through contractors and by distributing work in private dwelling houses where the workers take the raw materials given by the employers or contractors, employer-employee relationship not being well defined the application of the factories act has met with difficulties. .....
Tag this Judgment!Court : Chennai
Reported in : (2000)IILLJ590Mad
..... the beedi and cigar workers (conditions of employment) act, 1966 and the beedi workers welfare cess act, 1976, are special enactments mainly intended and provided for the welfare of the beedi workers, and their welfare, will be protected and taken care of by the said act and, therefore, no contribution could be paid and it may even amount to double taxation, and the same is not permissible under law.6. ..... the learned advocate for the respondent has submitted that the beedi and cigar workers (conditions of employment) act, 1966, governs only in respect of employees employed in the beedi and cigar work only, but whereas the employees' stale insurance act, covers other employees also. ..... under the above said act, cess is collected for the purpose of the beedi workers welfare fund act, 1976 (act 62 of 1976), to take care of the welfare measures of the workers covered under the beedi and cigar workers (conditions of employment) act, 1966, that therefore, these employees cannot be equated to the employees, who are coverable under the act. ..... the learned advocate for the appellant has submitted that the workers of the appellant establishment are covered under the beedi and cigar workers (conditions of employment) act, 1966, and the premises wherein they are carrying on their work would come under the definition of 'industrial premises, which states that 'industrial premises' means any place or premises (not being a private dwelling house), including .....
Tag this Judgment!Court : Mumbai
Reported in : [1980(41)FLR168]; (1981)ILLJ190Bom; 1980MhLJ721
..... beedi and cigar workers (conditions of employment) act, 1966 because even the worker preparing bidis at home with raw material of the employer is an employee within the meaning of beedi and cigar workers (conditions of employment) act, 1966 ..... the beedi and cigar workers (conditions of employment) act, 1966, the word 'establishment' has been defined as follows :'establishment means any place or premises including the precincts thereof in which or in any part of which any manufacturing process connected with the making of beedi or cigar or both is being, or is ordinarily, carried on and includes ..... act, because the petitioner's concern was an establishment within the meaning of the beedi and cigar workers (conditions of employment) act, 1966 ..... by the parliament is the beedi and cigar workers (conditions of employment) act, 1966. ..... of the beedi and cigar workers act will show that provisions are made in the act with regard to conditions of employment of an employee in the establishment defined under the act, e.g., ..... it is a law which is intended to provide for the welfare of the workers in beedi and cigar establishments and to regulate the conditions of their work and for matters connected therewith and it also deals with the establishment where the manufacture of bidis is carried on ..... doubt that the establishment where the employee was working in the village was clearly an establishment under the provisions of the beedi and cigar workers act and consequently by virtue of the provisions of s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC404b; JT1991(5)SC299b; 1993LabIC4; (1993)ILLJ1020SC; 1991(2)SCALE1043; (1992)1SCC221; [1991]Supp2SCR357
..... also relating to the same subject matter with different ancillary reliefs covering employment of child labour and the non-implementation of the beedi and cigar workers (conditions of employment) act, 1966. ..... the beedi and cigar workers (conditions of employment) act should be strictly enforced so that the workers get their legitimate dues and the conditions of employment improve ..... beedi and cigar workers (conditions of employment) rules, 1968 should be strictly implemented and once that is done the evil of not furnishing the books to the home workers ..... the beedi workers welfare cess act, 1976 and the beedi workers welfare fund act, 1976 which contain beneficial provisions should be implemented in the true spirit and since they are legislations of the central government, the machinery of the central government should be ..... from the district beedi workers' union, tirunelveli in the state of tamil nadu was created as an application under article 32 of the constitution and notice was ordered initially to three factories referred to in the said letter and later to other beedi manufacturing units within ..... of these cases with the directions indicated above and hope and trust that the authorities as also the employers and the employees would try to implement the directions ..... child labour in this trade should therefore be prohibited as far as possible and employment of child labour should be stopped either immediately or in a phased manner to be decided by the state governments but within a period .....
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ1134Mad
..... , beedi and cigar workers (conditions of employment) act, 1966, section 2(f)(i) of the above act defines 'home workers' as 'any labour who is given raw materials by an employer or contractor for being made into beedi or cigar or both at home hereinafter referred to in this act as 'home worker'. ..... (g) no labour statute including beedi and cigar workers (conditions of employment) act, 1966 and employees provident fund and miscellaneous provisions act, 1952 defined the ring labellers. ..... , that the act cannot be extended to the home workers because there is no relationship of employer employee between the manufacturer and the home workers and that the workers in the industry are subject to no retirement age etc. ..... another category consists of workers employed by the manufacturers through contractors and the manufacturers pass on the raw materials to such workers for rolling the beedis in their dwelling houses. ..... it is further contended that the ring labellers are not employed by anybody and that the definition of ring labellers is not contained in any statutes, the comprehensive code governing the conditions of employees in beedi industry viz. ..... in the above said supreme court case, an important question - whether the workers employed at their homes in the manufacturing of beedis are entitled to the benefits of employees provident fund and miscellaneous provisions. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)ILLJ32Mad
..... 2(f)(i) and 2(g) of the beedi and cigar workers (conditions of employment) act, 1966 being relevant are quoted hereunder :2(e) - 'contract labour' means any person engaged or employed in any premises by or through a contractor, with or without the knowledge of the employer, in any manufacturing process; 2(f) - 'employee' means a person employed directly or through any agency, whether for wages or not, in any establishment or godown to do any work, skilled, unskilled, manual or clerical, and includes - (i) any labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both ..... at home (hereinafter referred to in this act ..... respondent no.4, who was arrayed as second respondent before the original authority, stated 'respondent-2 is a contractor to respondent-1 and is governed by a special law 'beedi and cigar workers (conditions of employment) act, 1966'. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)ILLJ616Mad
..... therefore, they filed appeals under section 31(2) of the beedi and cigar workers (conditions of employment) act, 1966 (for short, 'beedi and cigar act') and their appeals were assigned different numbers and notices] were ordered to the respondent managements.7. w.p. ..... pookoodal beedi factory and were directed against the order dated december 31, 1997 passed by the appellate authority under the beedi and cigar workers (conditions of employment) act 1966.2. w.p. ..... however, the respondent management stated that under rule 41 of the beedi and cigar workers (conditions of employment) rules, 1978, the id cards will have to be given under form e and that has to be signed either by the beedi and cigar establishment or contractors and, therefore, the id cards given by the inspectors of the labour were not ..... appellate authority rejected the stand of the managements and held that that the monthly returns under rule 35(2) of the tamil nadu beedi and cigar workers (conditions of employment) rules, 1978 (for short, 'rules') and annual returns in form (sic) 12 under rule 36 of the rules are bound to be maintained by the trade mark owners and if they had filed the same, it would have revealed the quantity of beedis rolled by the home workers. ..... labour court also failed to note that under rules 35 and 36 of the beedi and cigar rules, monthly and annual returns alone can show the number of workers employed by an agent by calculating the number of beedis rolled out in that establishment every day. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom244; 1971LabIC1080; 1971MhLJ413
..... we declare the provisions of sub-clause (a) of clause (g) of section 2 and the provisions of clause (m) of section 2 of the beedi and cigar workers (conditions of employment) act, 1966, as invalid. ..... 1 to 4 from giving effect to the provisions of the beedi and cigar workers (conditions of employment) act, 1966 (no. ..... establishment to do any work, skilled unskilled, manual or clerical, includes- (i) any labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home-worker'), and (ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor; (g) 'employer' means- (a) in relation to contract labour, the principal employer, and (b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT555(HC),[2003(97)FLR55],(2003)IILLJ138Cal
..... it was also contended on behalf of the petitioners that the beedi and cigar workers (conditions of employment) act, 1966 and the west bengal beedi and cigar workers (conditions of employment) rules, 1968 are special statutes and have been enacted by the legislature for the welfare and benefit of the workers/ employees employed in the 'biri' industry. 9. ..... it has been stated by the petitioners that their representative appeared at the joint conference held before the assistant labour commissioner, purulia on 16th may 1990 and specifically submitted before the said assistant labour commissioner that the provisions of the industrial disputes act, 1947 cannot be made applicable in the present case as specificremedy has been provided in this regard under the provisions of the beedi and cigar workers (conditions of employment) act, 1966 and the west bengal beedi and cigar workers (conditions of employment) rules, 1968. 1o. ..... 6 to 12, however, would be at liberty to seek their remedy under the provisions of the beedi and cigar workers (conditions of employment) act, 1966 and the west bengal beedi and cigar workers (conditions of employment) rules, 1968 in future, if they are so advised. .....
Tag this Judgment!