Judgment Search Results Home > Cases Phrase: beedi and cigar workers conditions of employment act 1966 Page 5 of about 808 results (0.135 seconds)

Wazeerkhan Kudachi Vs. Appellate Authority Under Payment of Gratuity A ...

Court : Karnataka

..... beedi and cigar workers (conditions of employment) act, 1966 (hereinafter referred to as 'the beedi act') was passed with the object of providing for welfare of the workers in beedi and cigar establishments to regulate the conditions of their work and for matters connected therewith. ..... 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 workers'); and(ii) any person not employed by an employer or a contractor or both but working with permission of, or under agreement with, the employer or contractor; xxx xxx2(h) '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 an industrial premises; xxx xxx2 ..... (k) 'manufacturing process' means any process for, or incidental to making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as beedi or cigar or both.from the reading of section 2(f)(i) referred to above, an employee for the purpose of the act means a person directly employed or through an agency whether for wages or not .....

C.J. Patel Tobacco Products Pvt. Ltd. and ors. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : 2005(1)MhLj572

..... in this petition, the petitioners have challenged the maharashtra workmen's minimum house rent allowance act, 1983, and certain sections thereof on the ground that the field is already occupied by provisions of beedi and cigar workers (conditions of employment) act, 1966, (act no. ..... the petitioners state that on 30-11-1966, the parliament enacted the beedi and cigar workers (conditions of employment), act, 1966, (act no. ..... the petitioners state that under provisions of these acts, the central government collects cess from employers in the shape of excise duty on manufactured beedis and further the said duty collected is credited to the consolidated fund of india. ..... as under :'(1) with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be levied and collected by way of cess for the purposes of the beedi workers welfare fund act, 1976 (62 of 1976), a duty of excise on manufactured beedis at such rate which shall not be less than ten paise or more than fifty paise per thousand manufactured beedis, as the central government may, from time to time, fix by notification in the official gazette.'9. ..... in the year 1976, with a view to further ameliorate the living conditions of the workers, the parliament enacted the beedi workers welfare cess act, 1976, (act no. ..... 32 of 1966) and further the beedi workers welfare cess act, 1976, (act no. .....

Shri Mookambika Temple Vs. Mr. Raviraja Shetty

Court : Karnataka

..... giving a liberal interpretation to the act of 1972 in the context of the beneficial provision of the beedi and cigar workers (conditions of employment) act, 1966, the bombay high court held 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 wa no.1756/2015 section 1(3)(b), the provisions of gratuity act, 1972 was attracted.42. ..... in the said case, the question was whether a beedi worker preparing beedis at home with raw material of the employer is an employee within the meaning of beedi and cigar workers (conditions of employment) act, 1966. ..... but, the beedi and cigar workers wa no.1756/2015 (conditions of employment) act, 1966 which is a law that provides 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 beedis is carried ..... the said act provides for the regulation of conditions of work and employment in shops and commercial establishments and other incidental ..... section 2(h) of the said act, the expression establishment was defined to mean 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 an industrial premises. .....

Manickam N. and anr. Vs. Assistant P.F. Commissioner and ors.

Court : Chennai

Reported in : (2001)IILLJ492Mad

..... the third respondent is duly registered under the beedi and cigar workers (conditions of employment) act, 1966, and also has a central excise licence under the central excise act and has manufacturing centres all over karnataka and one at krishnagiri in tamil nadu. ..... it is duly registered under the beedi and cigar workers (conditions of employment) act, 1966, and is also having a central excise licence under the central excise act. ..... this being the case, it was decided through an enquiry under section 7-a of the act that there should be no excluded employees in beedi workers presuming that a beedi worker at the most can roll beedies per month and the inquiry proceedings, dated february 19, 1998, was issued under section 7-a of the act assessing the dues payable by the employer in respect of such employees whose wages contributions are not paid for the period from march, 1996 to february, 1997. ..... . it was also brought to my notice, the letter of the employer jyoti home industries, dated january 6, 1998, addressed to the first respondent/assistant provident fund commissioner, wherein it is stated that:'........further your goodself may beaware that all the beedi rollers are contract workers working under the registered contractors and their wages are paid by the contractor and provident fund contributions is also deducted by the contractors and this management has no direct supervision or control .....

V.P.R. College Beedi Company rep. by Its Partner V.P. Thangavel Vs. Un ...

Court : Chennai

Reported in : (2004)ILLJ334Mad

..... the beedi and cigar workers (conditions of employment) act, 1966;ii. ..... xxxiv of 1948 will not apply to the establishments and workers already covered under the beedi and cigar workers (conditions of employment) act no. ..... the state of tamil nadu & 2 others), refused to entertain the plea of the employer that the provisions of the employees' state insurance act, 1948 are not applicable to the employees therein, on the ground that the interest of the beedi workers are protected under the beedi workers welfare fund act, 1996 and the beedi workers welfare cess act, 1976. 15. in e.s.i.c. v. f. ..... , for the purpose of deciding whether the provisions of the employees' state insurance act, 1948, is applicable to the case of the petitioner-employer is a relevant question to be decided, along with the question whether the beedi workers in question are employees within the provisions of the employees' state insurance act, 1948, which directly comes within the purview of section 75(1)(a) of the employees' state insurance act, 1948, and therefore, the issue could be decided under section 75(1)(a) and (b) of the employees' state insurance ..... only then, the corresponding issue, as to who is the principal employer, and the person who is or was the principal employer in respect of the beedi workers working under him, as mentioned in section 75(1)(d) of the employees' state insurance act, 1948, could be decided by this court.11. .....

5 No. Beedi Factory Represented by the Managing Partner, V.T.S. Abdul ...

Court : Chennai

Reported in : (1987)1MLJ287

..... there is no dispute by the petitioner that the beedi and cigar workers (conditions of employment) act, 1966 (central act 32 of 1966) hereinafter referred to as the central act 32 of 1966' applies to the industrial premises of the petitioner, though a contention is raised that the 53 beedi rollers are not its employees. ..... prasad, learned counsel for the petitioner, is that with regard to the alleged non-employment of the 53 beedi rollers, there is a specific machinery provided for redressal and relief under section 31 of the central act 32 of 1966 and that would exclude the provisions of central act 14 of 1947. ..... venkataraman, learned counsel for the first respondent, would submit that section 39(1) of the central act 32 of 1966 states that the provisions of the central act 14 or 1947 shall apply to matters arising in respect of every industrial premises and hence it cannot be stated that the provisions of the central act 14 of 1947 will stand excluded, even in the case of non-employment of an employee.2. ..... but in the very same act, namely, the central act 32 of 1966 there is a specific provision found in section 31 as per the extract made above which has provided for and dealt with contingencies arising out of non - employment of an employee. .....

Patel Hiralal Ramlal and Co. Vs. Chandbibi Pirubhai and ors.

Court : Gujarat

Reported in : (1980)2GLR307

..... the beedi and cigar workers (conditions of employment) act, 1966 contains protective provisions for out-workers or workers who do not work at the premises of the beedi manufacturers but who work at the residential premises for the beedi manufacturer. ..... : (1974)illj367sc it was a case in which the constitutional validity of beedi and cigar works (conditions of employment) act, 1966, was challenged. ..... 2(s) in the following terms:'wages' means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any ether allowance.the definition of the expression 'wages' reproduced above does not state that they should either be monthly wages ..... in the opinion of the supreme court, the act impugned in that decision fastened liability on the manufacturer in respect of workers who were directly employed by him or who were employed by him through a contractor. ..... if a contractor engaged labour for or on his own behalf and supplied the finished product to the manufacturer, he would be the principal employer and the manufacturer would not be responsible for implementing the provisions of that act with regard to such labour employed by the contractor. .....

Metal Powder Co. Ltd., Tirumangalam and anr. Vs. the State of Tamil Na ...

Court : Chennai

Reported in : (1985)IILLJ376Mad

..... one of the grounds on which the beedi and cigar workers (conditions of employment) act, 1966 was challenged was that it was unworkable. ..... 40 of the beedi and cigar workers (conditions of employment) act, 1966. s. ..... in that decision, the court was called upon to consider the validity of the tamil nadu workers (conditions of employment and miscellaneous provisions) act, 1981. ..... 3(2) of the act are valid except that the clause 'or on account of non-employment or discharge of such workman for a period which does not exceed three months and during which period a substitute has been employed in his place by the employer' is void on the ground that it amounts to an unreasonable restriction on the right of the employer; (3) an apprentice or a badli worker could not be included in the 'workman' referred to in ss. ..... (4) the act will not supersede a settlement between workers and the employer in so far as it deals with the subject of conferment of permanent status to workmen. ..... this court had upheld this contention and said that since a worker in a beedi industry was not required to work regularly for any prescribed period of hours in a day or even day after day for any specified period, from the very nature of the case, provisions of the 1961-act were unworkable with regard to such home workers. .....

Sinnar Bidi Udyog Limited Vs. Shri Keru Murlidhar Varhade and ors.

Court : Mumbai

Reported in : (1995)IIILLJ586Bom

..... the submission of the learned counsel is that under section 31 of the beedi and cigar workers (conditions of employment) act, 1966 the workmen could challenge an order of discharge or dismissal from service before an appellate authority and the appellate authority as per rule 32 of the maharashtra beedi and cigar workers (conditions of employment) rules, 1968 would be the labour judge having jurisdiction to hear the appeals in respect of the industrial premises in the areas for which he has the jurisdiction under industrial disputes act, 1947. ..... after all if the appeal was to be filed by the present workmen, the same would have been heard and decided by the same labour judge and the procedure that he was expected to follow under rule 33 of the maharashtra beedi and cigar workers (conditions of employment) rules, 1968 would be the same which a presiding authority presiding over a labour court would have followed under the industrial disputes act, 1947. ..... the petitioner company manufactures beedies and employed about 65 workmen. ..... 1 and 2 were entitled to file appeals against the order of the employer of dismissal or discharge from the services but that does not mean that a reference under section 10(1) read with section 12(5) made by the appropriate government to an appropriate authority under the industrial disputes act would be bad in law. .....

Twad Board Employees Union Vs. Twad Board and Others

Court : Chennai

Reported in : (1993)ILLJ410Mad

..... 1961 (central act 27 of 1961) : or (d) a beedi industrial premises as defined in clause (i) of section 2 of the beedi and cigar workers (conditions of employment) act, 1966 (central act 32 of 1966) : or (e) an establishment as defined in clause (6) of section 2 of the tamil nadu shops and establishments act, 1947 (tamil nadu act, xxxvi of 1947;) (f) a catering establishment as defined in clause (1) of section 2 of the tamil nadu catering establishments act, 1958 (tamil nadu act xiii of 1958) or (g) any other establishment which the government may, by notification, declare to be an industrial establishment for the purpose of this act. ..... 2 of the beedi and cigar workers (conditions of employment) act, 1966, and an establishment as defined in clause (6) of sec. ..... (a) any activity of the dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948) : (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include - (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominent one. .....