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 : Mumbai
Reported in : (1972)ILLJ130Bom
..... 2 of the beedi and cigar workers (conditions of employment) act, 1966, asinvalid. ..... 1 to 4 from giving effect to the provisions of the beedi and cigar workers (conditions of employment) act, 1966 (no. ..... for wages or not, in any establishment 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 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 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 .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... in these two petitions the petitioners challenge the vires of the provisions of the beedi and cigar workers (conditions of employment) act, 1966, hereinafter referred to as 'the act'. ..... (a) the provisions regarding health and welfare : sections 8 to 16 deal with the provisions regarding health and welfare and along with the relevant rules 10 to 21 of the beedi and cigar workers (conditions of employment) (gujarat) rules, 1968. ..... that is why the act in its preamble states that this 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. ..... wages or not, in any establishment 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 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; section 2(g) defines 'employer' to mean - (a) in relation to contract labour, the principal employer, and (b) in relation to other labour, the person who has the ultimate control .....
Tag this Judgment!Court : Chennai
Reported in : (1973)2MLJ126
..... this batch of writ petitions raises a question regarding the construction and constitutional validity of several provisions of the beedi and cigar workers (conditions of employment) act, 1966 (central act xxxii of 1966), hereinafter referred to as the act. ..... with, the employer or contractor.section 2 (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 ..... premises by or through a contractor with or without the knowledge of the employer, in any manufacturing process.section 2(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 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 .....
Tag this Judgment!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 : (1977)79BOMLR449
..... beedi and cigar workers (conditions of employment) act, 1966, a division bench of this court had observed that statement of objects and reasons is neither relevant nor can control or decide the meaning of the provisions of the ..... was to have the same meaning assigned to it in the factories act, 1948, with the modification that the limitation on the number of workers working therein shall be dispensed with and the expression 'badli worker' meant a worker who is provided with a badli card and who is employed in a factory in place of another worker who is temporarily absent and whose name is borne on the muster-roll of the factory.5 ..... existed which rendered it necessary for it to take immediate action to provide for relief from indebtedness to certain farmers, rural artisans, rural labourers and workers in the state of maharashtra and it is contended that even though the preamble states that the original ordinance and the act were intended to provide for relief from indebtedness, this part of the preamble must be disregarded if the words in statute clearly showed an ..... any other law for the time being in force or in any contract or other instrument haying force by virtue of any such law, and save as otherwise expressly provided in this act, every debt of a worker whose immovable property if any, does not exceed twenty thousand rupees in market value and every debt of any other debtor, outstanding on the appointed day, including the amount of interest, if any, payable by a debtor shall .....
Tag this Judgment!Court : Chennai
Reported in : (1979)IILLJ172Mad
..... on 1st july, 1968, the beedi and cigar workers (conditions of employment) act, 1966, came into force. ..... --for the purpose of determining the wages payable to a home worker during leave period or for the purpose of payment of maternity benefit to a woman home worker, 'day' shall mean any period during which such home worker was employed, during a period of twenty-four hours commencing at midnight, for making beedi or cigar or both. ..... shukla, : (1969)iillj728sc , have made the position clear that in cases where a privilege which is gained or earned by an employee is to be encashed or coverted into money, the standing orders governing the employee and the employer should expressly provide for the same or in the alternative there should be a law of the land which should govern the position. ..... palpandian, learned counsel for the respondents, after taking me through sections 26 and 27 states that if by reason of these provisions, a worker is entiled to payment for the leave allowed to him at the rate claimed, it will totally be a full-time earning, inasmuch as that has been denied to him because of the litigations relating to the vires of the provisions of the act. .....
Tag this Judgment!Court : Kerala
Reported in : (1979)IILLJ446Ker
..... admeasures 10.125 hectares or more or in which ten or more persons are employed on the date of the commencement of this act:(c) any establisment as denned in clause (8) of section 2 of the kerala shops and commercial establishments act, 1960 (34 of 1960);(d) any establishment as defined in clause (h) of section 2 of the beedi and cigar workers (conditions of employment) act, 1966 (central act 32 of 1966) where ten or more persons are employed;(e) any motor transport undertaking as defined in clause (g) of section 2 of the motor transport workers act, 1961 (central act 27 of 1961):provided that the government may, after giving not less ..... than two months' notice of its intention so to do, by notification in the gazette, apply the provisions of this act to any other factory, plantation, establishment .....
Tag this Judgment!Court : Allahabad
Reported in : (1980)IILLJ283All
..... the event of any dispute arising between the workers and the employer in respect of any working condition provided by the beedi and cigar workers (conditions of employment) act, 1966 it shall be adjudicated upon under the provisions of the central act. ..... 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. ..... act would be referred for adjudication only under the central act in view of section 39(1) of the beedi and cigar workers (conditions of employment) act, 1966 ..... beedi and cigar workers (conditions of employment) act provides the conditions of employment of beedi and cigar workers ..... 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 ..... award is in the following terms:my award, in the circumstances, is that the employer shall calculate the available and allocable surplus for the accounting year 1970-71 in accordance with the provisions of the payment of bonus act, 1965 and distribute bonus at uniform rate to all the employees named in the two annexures ..... the tribunal that the persons who were engaged by the concern for packing of beedis were merely thekedars and not the employers of the concern within the meaning of the payment of bonus act, 1965 (hereinafter referred to as the bonus act. .....
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. .....
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