Court : Allahabad
Reported in : (1980)IILLJ283All
..... under the central act in view of section 39(1) of the beedi and cigar workers (conditions of employment) act, 1966. this contention, in our opinion, is unsound. the beedi and cigar workers (conditions of employment) act provides the conditions of employment of beedi and cigar workers. the various sections of the act make incumbent on the employer to ..... 1 to the writ petition. the validity of the reference was challenged by the employer on the ground that by reason of section 39 of the beedi and cigar workers (conditions of employment) act, 1966, the dispute which had been raised should have been referred to a tribunal constituted under industrial disputes act, 1947. ..... wages for overtime work, interval for rest, etc. this act has nothing to do with payment of bonus to the workers employed by such concerns. when section 39(1) of the beedi and cigar workers (conditions of employment) act provides that the central act shall apply to matters arising in respect of every industrial premises. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1832; [1974(28)FLR177]; 1974LabIC1237; (1974)ILLJ367SC; (1974)4SCC43; [1974]3SCR221
..... of review the working of the industry was admissible in evidence about the prevailing system and conditions of industry.17. 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 therewith. the special feature of the industry was ..... madras appointed a court of inquiry into labour conditions in beedi, cigar, snuffcuring and tanning industries. there were 90,000 workers depending on beedi industry in madras. of these, 26,500 workers were women. employment of children in the industry was universal. 2/5ths of the total workers were children. home workers were predominant. there were fulltime workers but they were paid less than fair wages. working conditions .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR312; (1988)90BOMLR139
..... , matters are now placed before us.3. 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. the expression 'industrial ..... 'private dwelling house' is also defined in section 2(n) which means a house in which persons engaged in the manufacture of beedi or cigar or both reside. therefore it is quite clear that the act applies to the home workers also. it is also clear that the expression 'establishment' has wider import and it includes industrial premises. a private dwelling house which .....
Tag this Judgment!Court : Chennai
Reported in : (2000)IILLJ590Mad
..... definition of section 2(12)(b) of the act 8. now, the question is whether the employees under the appellant factory would be governed by the beedi and cigar workers (conditions of employment) act, 1966, and the beedi workers welfare cess act, 1976, or under the employees' state insurance act, 1948?9. the learned advocate for the appellant has submitted that the employees of the ..... the respondent. it is further argued that the beedi and cigar workers are protected by the beedi workers welfare cess act, 1976 (act 56 of 1976), by which, cess is collected for the purpose of the beedi workers welfare fund act 62 of 1976, to provide various welfare measures to the beedi workers. the beedi and cigar workers (conditions of employment) act, 1966 and the beedi workers welfare cess act, 1976, are special enactments .....
Tag this Judgment!Court : Mumbai
Reported in : [1980(41)FLR168]; (1981)ILLJ190Bom; 1980MhLJ721
..... are made for wages during the leave period. the provisions of the payment of wages act are made applicable to the establishment referred to in the beedi and cigar workers act. section 28 of that act reads as follows :'notwithstanding anything contained in the payment of wages act, 1936 (hereinafter referred to in this ..... any work, skilled, unskilled, manual or clerical.' we are not concerned with the inclusive part of the definition. then under s. 2(h) of 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 ..... of the provisions of s. 1(3)(b) of the gratuity act, because the petitioner's concern was an establishment within the meaning of the beedi and cigar workers (conditions of employment) act, 1966. holding that the quantum of gratuity was correctly determined by the controlling authority, the appellate authority dismissed the petitioner's .....
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ1134Mad
..... ) no log books and identity cards are issued to ring labellers, since no labour statute contemplates such an issue in respect of ring label mazdoors. (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. this category is actually outside the purview of the statutes. it ..... 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., 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC404b; JT1991(5)SC299b; 1993LabIC4; (1993)ILLJ1020SC; 1991(2)SCALE1043; (1992)1SCC221; [1991]Supp2SCR357
..... there is a connected petition 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. we have considered it appropriate to deal with both the applications together.2. this court by an order dated ..... all aspects. this establishment should start functioning within three months from now.3. the labour laws as also 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.4. tobacco manufacturing has indeed health hazards. child labour ..... these petitions with the following directions . taken from the schemes as formulated by the petitioners and the state government:1. the 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 .....
Tag this Judgment!Court : Chennai
Reported in : (2003)ILLJ32Mad
..... . on such findings, the appeal was dismissed giving rise to the present writ petition.5. section 2(e), 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 ..... 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'. the beedi is rolled by the home workers'. the aforesaid statement in the counter filed by the present fourth respondent, (particularly the underlined portion) makes it clear that ..... 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 as 'home worker'), and (ii) . . . 2(g) - 'employer' means, - (a) in relation to contract labour, the principal employer, and ( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC946; [2001(88)FLR1097]; JT2001(2)SC542; (2001)ILLJ1045SC; 2001(2)SCALE25; [2001]1SCR1011; 2001(2)LC810(SC); (2001)2UPLBEC1511
..... act of 1949. he took the court through the definition of the term 'workman' in the industrial disputes act as well as various other acts like beedi and cigar workers (conditions of employment) act, coal mines provident fund and misc. provisions act, contract labour (regulation and abolition) act etc. he submitted that under ..... each act the definition was framed as per the purpose of the act. he pointed out that depending on the purpose of the act, either a wide or narrow definition had been given to the term 'worker ..... be paid to persons who are not in regular employment. undoubtedly the deposit collectors are not regular employees of the bank. but they nevertheless are workers within the meaning of the term as defined in the industrial disputes act. there is clearly a relationship of master and servant between the deposit .....
Tag this Judgment!Court : Karnataka
Reported in : [1991(62)FLR611]; ILR1991KAR876
..... statement. it reads:benefits under the esi act1. beedi and cigar workers (conditions of employment) act 2. beedi workers welfare cess act 3. the beedi workers welfare fund act and the rules made thereunder.1. section 46- periodical payment for sickness to the insured person.b. periodical ..... the e.s.i. act, we had called upon the learned counsel for the petitioner to file a statement setting out the various benefits extended under beedi and cigar workers (conditions of employment) act and other enactments as also the benefits under the e.s.i. act. accordingly, the learned counsel has filed a comparative ..... justification to invoke the principle of 'special excludes the general' and hold that by necessary implication the application of the e.s.i. act to beedi and cigar workers stands excluded. but, as pointed out above, in respect of large number of benef its required to be provided under the esi act, no corresponding benefits .....
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