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 : 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 : Supreme Court of India
Reported in : AIR1987SC447; [1985(51)FLR534]; 1986LabIC1410; (1986)ILLJ88SC; 1985(2)SCALE860; (1986)1SCC32; [1985]Supp3SCR55; 1986(1)LC706(SC)
..... in order to organise the conditions in which the beedi workers worked and to give them greater security of employment parliament enacted the beedi and cigar workers (conditions of employment) act, 1966 and the state governments framed rules under that statute. ..... union of india : (1974)illj367sc which questioned the validity of the beedi and cigar workers (conditions of employment) act, 1966. ..... we may also point out that the beech and cigar workers (conditions of employment) act, 1966 and the rules made thereunder by the maharashtra government have been framed specifically on the basis that in certain matters home workers enjoy a status akin to the general category of workers. ..... in the maharashtra beedi and cigar workers (conditions of employment) rules, 1968 there is specific provision in respect of the payment of wages to home workers. ..... first civil judge, nagpur : (1961)iillj86sc this court considered a case where the manufacturer had employed workmen in his beedi factory and who were at liberty to work at their homes, and the court held that the conditions in which they worked made them 'workers' within the meaning of clause (1) of section 2 of the factories act. ..... this and the connected cases raise the important question whether the workers employed at their homes in the manufacture of beedis are entitled to the benefit of the employees' provident funds and miscellaneous provisions act, 1952 and the schemes framed thereunder.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC404
..... 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 : Supreme Court of India
Reported in : AIR2002SC973; [2002(2)JCR66(SC)]; JT2002(1)SC457; 2002(1)KLT658(SC); 2002(1)SCALE552; (2002)2SCC459; [2002]1SCR775
..... "in mangalore ganesh beedi works (supra), the constitutional validity of sections 3, 4, 2(g), 2(g)(h), 2(m), 26, 27 and 31 of the beedi and cigar workers (condition of employment) act, 1966 was assailed on the ground of lack of legislative competence in the parliament to enact such a law. ..... having noticed the special feature of the industry of manufacture of beedi through various categories of workers, the said act was passed by the parliament to provide for the welfare of workers in beedi and cigar establishments and to regulate the conditions of their work and for matters connected therewith. ..... a constitution bench of this court held that having regard to the true nature and character of the legislation meant for enforcing better conditions of labour amongst those who are engaged in the manufacture of beedis and cigars, the said act, in pith and substance, was for welfare of the labour falling within entries 22, 23 and 24 of list iii. ..... thus, it is clear that in that case the impugned legislation, while creating welfare scheme for beedi workers, levied impost by way of contributions on the employer or a person in the position of an employer.in regional executive kerala fishermen's welfare fund board (supra), the question before this court was whether exporters of fish meat, carrying on business of buying processed fish and exporting the same, fell within the meaning of 'dealer' under section 4(2) of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)
..... (vii) section 24 of beedi and cigar workers (conditions of employment act, 1966:prohibition of employment of children-no child shall be required or allowed to work in any industrial premises. ..... including economic exploitation; noting that for several reasons children of different ages do work in india; having prescribed minimum ages for employment in hazardous occupations and in certain other areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in india the government of india undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2(a), in accordance with its ..... (iii) section 109 of merchant shipping act, 1951:no person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship, except -(a) in a school ship, or training ship, in accordance with the prescribed conditions; or(b) in a ship in which all persons employed are members of one family; or(c) in a home-trade ship of less than two hundred tons gross; or(d) where such person is to be employed on nominal wages and will be in the charge of his father of other adult near male relative. .....
Tag this Judgment!Court : Supreme Court of India
..... ; 9 (xiii) the cine-workers and cinema theatre workers (regulation of employment) act ..... workers (safety, health and welfare) act, 1986; (iv) the building and other construction workers (regulation of employment and conditions of service) act, 1996; (v) the plantations labour act, 1951; (vi) the contract labour (regulation and abolition) act, 1970; (vii) the inter-state migrant workmen (regulation of employment and conditions of service) act, 1979; (viii) the working journalist and other newspaper employees (conditions of service and miscellaneous provision) act, 1955; (ix) the working journalist (fixation of rates of wages) act, 1958; (x) the motor transport workers act, 1961; (xi) the sales promotion employees (condition of service) act, 1976; (xii) the beedi and cigar workers (conditions of employment) act, 1966 .....
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
..... 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. ..... of labour by an order dated 3rd october, 1980 referred the following dispute under sections 7a and 10(1)(d) of the industrial disputes act between the management of 11 banks and the deposit collectors to the industrial tribunal, hyderabad for adjudication: 'whether the demands of the commission agents or as the case may be deposit collectors employed in the banks listed in the annexure that they are entitled to pay scales, allowances and other service conditions available to regular clerical employees of those banks is justified? ..... sharma relied upon the definition of the term 'wages' section 2(rr) of the industrial disputes act, which reads as follows: '2 (rr) 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes - (i) such allowances (including dearness allowance) as the workman is for the time being entitled to; (ii) the value of any house accommodation, or of supply of light, water, medical .....
Tag this Judgment!Court : Supreme Court of India
..... also defines standard as:- something that is established by authority, customs or general consent as a model or example to be followed [s.18(4), expln, beedi and cigar workers (conditions of employment) act (32 of 1966)]. ..... under articles 39(e), 39(f) and 42 of the constitution, obligations are cast on the state to ensure health and strength of workers, men and women; ensure children are given opportunities & facilities to develop in a healthy manner and to secure just & humane conditions of work and for maternity relief, respectively. ..... inamdar were applied in the case of islamic academy of education where a challenge was mounted against the directions issued by the director of education to the recognised unaided schools under section 24(3) read with section 18(4) and 18(5) of the delhi school education act, 1973 inter alia directing that no fees/funds collected from parents/students would be transferred from the recognised unaided school fund to a society or trust or any other institution. ..... in nutshell, the high court took the opinion that having regard to the larger interest of the welfare of the students community to promote merit, achieve excellence, curb malpractices and to secure grant of merit based admission in transparent manner, the legislature in its wisdom had passed the act in question, also keeping in mind the prevailing conditions relating to admissions in such institutions in the state of madhya pradesh. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1971; [1991(61)FLR419]; JT1990(3)SC399; 1990LabIC1538; (1990)IILLJ598SC; 1990(2)SCALE178; (1990)4SCC37; 1990(2)LC504(SC); (1990)2UPLBEC1343
..... sudhoo filed an appeal under section 31(2) of the biri and cigar workers (conditions of employment) act, 1966 (hereinafter called 'the act') before the prescribed authority seeking his reinstatement in the service of m/s. ..... the act is a measure of social legislation to give protection to the workmen employed in the bin and cigar industry. ..... ground on which the high court set aside the order of the competent authority, we may examine the provisions of section 31 of the act which are as under: section 31 - notice of dismissal(1) no employer shall dispense with the services of an employee who has been employed for a period of six months or more, except for a reasonable cause, and without giving such employee at least one month's notice or wages in lieu of such notice.provided that such notice shall not ..... (b) the appellate authority may, after giving notice in the prescribed manner to the employer and the employee, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period during which he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case. ..... whenever a workman approaches the prescribed authority under section 31(2) of the act with a complaint that his employment has been brought to an end by the employer without any reasonable cause, the prescribed authority is bound to adjudicate the same. .....
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