Court : Mumbai
Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339
..... that, there are 3 special acts of the parliament applicable to the petitioner, namely (i) the beedi and cigar workers (conditions of employment) act, 1966, (ii) the beedi workers welfare cess act, 1976, and (iii) the beedi workers welfare fund act, 1976. ..... the esi act, 1948 is a general act applicable to factories and establishments of different industries, while bidi and cigar workers (conditions of employment) act, 1966 and bidi workers welfare cess act, 1976 and bidi workers welfare fund act, 1976 are special acts and as such the benefits under these acts will prevail over the benefits under the esi act, 1948. ..... their lordships of karnataka high court had examined the comparative provisions contained in the employees' state insurance act and bidi and cigar workers (conditions of employment) act, 1966, and recorded a conclusion that found in paragraph 7 as follows:7. ..... this court has already recorded that the benefits which are flowing from the employees' state insurance act are not emerging from any of the provisions of bidi and cigar workers (conditions of employment) act, 1966. ..... act, 1948 cannot override the benefits to bidi workers made available by the parliament in 1966 by enacting the bidi and cigar workers conditions of employment act, 1965, which is a subsequent piece of legislation of the parliament. .....
Tag this Judgment!Court : Chennai
Reported in : (2006)IIILLJ264Mad; (2006)3MLJ576
..... is further contended that the third respondent was only the branch manager of the second respondent and hence the third respondent shall be treated only as an agent of the second respondent and as per section 2(g) of the beedi and cigar workers (conditions of employment) act, 1966, petitioner is the employee of the second respondent and non-consideration of the above aspect vitiates the entire proceedings. ..... having not been given with employment even after the said letter, filed appeal before the first respondent under section 31(2)(a) of beedi and cigar workers (conditions of employment) act, 1966, and the same was taken on file as beedi case no. ..... 1991 dated 13.6.1994 dismissing the appeal filed by the petitioner under section 31(2)(a) of the beedi and cigar workers (conditions of employment) act, 1966, and to direct the second respondent to reinstate the petitioner with backwages, continuity of services and other benefits.2. ..... in issue is whether the petitioner is an employee of the second respondent herein in terms of section 2(g) of the beedi and cigar workers (conditions of employment) act, 1966, even though the petitioner was subsequently employed by the third respondent.7. ..... above referred evidence of the petitioner and third respondent, it has to be ascertained whether the third respondent was an independent contractor and whether the second respondent can avoid the liability ignoring section 2(g) of the beedi and cigar workers (conditions of employment) act, 1966. 12. .....
Tag this Judgment!Court : Karnataka
Reported in : [1991(62)FLR611]; ILR1991KAR876
..... for the benefit of the workers employed in the beedi industries, the parliament has enacted beedi and cigar workers (conditions of employment) act, 1966; beedi workers welfare cess act, 1976 and beedi workers' welfare fund act, 1976. ..... beedi and cigar workers (conditions of employment) act 1966 applicability of the maternity benefits, (read along with rule 32 ot beedi welfare fund rules)4. ..... 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. ..... beedi and cigar workers (conditions of employment) act 2. ..... but the case of the petitioner, however, is that when special legislations have been enacted by the parliament for the benefit of the beedi and cigar workers and the benefits required to be extended to the persons employed in the beedi manufacturing industry covers substantially the benefits which the establishment is required to extend under the provisions of the employees state insurance act there was no justification for the respondents to call upon the petitioner to give effect to the provisions of the e.s.i. ..... act and under the enactments applicable for beedi and cigar workers. ..... act to beedi and cigar workers stands excluded. .....
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 : Karnataka
Reported in : 1998(1)KarLJ304
..... third respondent's husband was a 'home worker', and, as such, an employee within the meaning of section 2(f)(i) of the beedi and cigar workers (conditions of employment) act, 1966 ('beedi act' for short). ..... , learned counsel for the petitioner, refers to sections 28, 37, 38 and 39 of the beedi act by which, respectively, payment of wages act, 1936, industrial employment (standing orders) act, 1946, maternity benefit act, 1961, factories act, 1948 and industrial disputes act, 1947, were specifically made applicable to the beedi and cigar workers. ..... though he was not working in the establishment of the petitioner, he was nevertheless brought within the provisions of the said definition by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act, employees of his nature having been brought thereunder in the peculiar circumstances as 'home workers', they being those who would get raw materials from the employer, take the said raw materials to their homes and bring back the finished products to the satisfaction of the ..... otherwise provided in this act, no employer shall use or allow to be used any place or premises as an industrial premises unless he holds a valid licence issued under this act and no such premises shall be used except in accordance with the terms and conditions of such licence'. ..... any labourer who is given raw material by any employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home worker') . .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2896
..... the third respondent's husband was a 'home worker', and, as such, an employee within the meaning of section 2(f)(i) of the beedi and cigar workers (conditions of employment) act, 1966 ('beedi act' for short). ..... sri somasekhar, learned counsel for the petitioner, refers to sections 28, 37, 38 and 39 of the beedi act by which respectively, payment of wages act, 1936, industrial employment (standing orders) act, 1946, maternity benefit act, 1961, factories act, 1948 and industrial disputes act, 1947, were specifically made applicable to the beedi and cigar workers. ..... - (f) 'employee' means a person employed directly or through any agency, whether for wages or not, in any establishment to do any work, skilled, unskilled, manual or clerical, and includes - (i) any labourer who is given raw material by any employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home worker'). ..... , even though he was not working in the establishment of the petitioner, he was nevertheless brought within the provisions of the said definition by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act, employees of his nature having been brought thereunder in the peculiar circumstances as 'home workers', they being those who would get raw materials from the employer, take the said raw materials to their homes and bring back the finished products to the satisfaction of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2001)IILLJ1634MP
..... 2 of each petition preferred appeal to the appellate authority andassistant labour commissioner, sagar division, sagar appointed under beedi and cigar workers (conditions of employment) act, 1966 (hereinafter referred to as the act) inter alia pleading that the present petitioners/employer by playing unfair trade practise terminated their services and as their termination was contrary to the principles of law, therefore, they were entitled to be reinstated with the back wages. ..... section 31 of beedi and cigar workers (conditions of employment) act, 1966 reads as under:31. ..... beedi and cigar workers (conditions ofemployment) rules, 1966. ..... the petitioner/employer submitted before the appellate authority that each was not a case of retrenchment, removal, termination or dismissal but was a case of transfer and as each of the employee did not join at the transferred place and abandoned the work, provisions of section 31 of beedi and cigar workers act were not applicable. ..... appellate authority under beedi and cigar act and another) and misc. ..... appellate authority under beedi and cigar act and another).2. ..... (c) the payment of wages for the beedi or cigar or both rejected by the employer, shall be settled by such authority and in such summary manner as the state government may by rules specify in this behalf. ..... (b) the rejection by the employer of beedi or cigar or both made by an employee. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)IIILLJ35Mad
..... ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establishment are entrusted, whether such other person is called the managing agent, manager, superintendent or by any other namebefore the enactment of the beedi and cigar workers (conditions of employment) act, 1966 the beedi owners through paper arrangements were avoiding statutory payments. ..... reliance was placed upon the definition of term 'employer' as found in section 2(g) of the beedi and cigar workers (conditions of employment) act, 1966 and also the decision of the supreme court in : (1974)illj367sc (cited supra),. ..... in this context, it is necessary to refer the definition of the term 'employer' found in the beedi and cigar workers (conditions of employment) act, 1966. ..... therefore the parliament thought that there should be a special law dealing with beedi and cigar workers and enacted the law. ..... learned counsel submitted that inasmuch as shahul hameed is the supplier of beedi leaves and other raw materials, he should be the employer and the trade mark owner cannot be fastened with such liabilities. ..... the contesting respondents were working as beedi workers under one shahul hameed, who was originally had a branch at ambasamudram and subsequently at brammadesam. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)ILLJ177Mad; (2008)5MLJ6
..... a blatant denial of maternity relief was done by the petitioners even though their establishment is covered by beedi and cigar workers (conditions of employment) act, 1966 [for short, 'beedi and cigar act']. ..... act, 1961 read with beedi and cigar act 1966. ..... section 37 of the beedi and cigar act applied the provisions of the ..... ...it has also to be borne in mind in this connection that in interpreting provisions of beneficial pieces of legislation like the one in hand which is intended to achieve the object of doing social justice to women workers employed in the plantations and which squarely fall within the purview of article 42 of the constitution, the beneficent rule of construction which would enable the woman worker not only to subsist but also to make up her dissipated energy, nurse her child, preserve her efficiency ..... also submitted that the policy of the government in having a two-child norm, cannot be read in to the act and whatever applies to a government servant need not be made applicable to the beedi workers, who are governed by the provisions of m.b. ..... provision for just and humane conditions of work and maternity relief-- the state shall make provision for securing just and humane conditions of work and for maternity relief ..... (1978)illj29sc dealt with the interpretation of the maternity benefit available to the daily wage workers and set the tone for interpreting the provisions of the maternity benefit act, 1961 [for short, 'm.b. ..... act, 1961 to all the women workers in the beedi .....
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 .....
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