Court : Guwahati
..... printer18. overseer helper19. chainman20. plumber(f.no.u-23013/25/98-lw) s.k. das, director general (labour welfare)/jt. secy.'2. the effect of the aforesaid notification is the abolition of the intermediary between the contract labourers and the principal employer, i.e., the oil india limited (pipe line division) in the instant case. oil ..... notification dated 17.11.98 with shri shankar sana, secretary, u.t.u.c., shri c.h. khistry (pers), central coal india limited and the respondent no. 2, the regional labour commissioner, guwahati to go into the question. the management of oil india limited submitted all details to the respondent no. 2 and ..... qualifications other than technical qualifications.'.the above decision of the supreme court clearly indicate that exercise still remains to be done in a case where contract labour is abolished before regular absorption is ordered.16. it would appear from the above discussion that the appropriate government after consultation with the central advisory .....
Tag this Judgment!Court : Guwahati
..... of status of the business from proprietorship to a limited company, the certificate of registration was amended to incorporate the name of m/s megha assam coal mines (india) pvt. ltd. the petitioner company never applied for amendment of registration certificate for inclusion of manufacture of processing at any stage. no change ..... jalukbari, for necessary amendment of its registration certificate on 4th june, 1996. the petitioner company obtained 'certificate of employment of people of assam' from the labour department on 26th august, 1996. the petitioner company's unit obtained no objection certificate from the pollution control board on 5th october, 1996. the petitioner ..... article. the production of articles for use from raw or prepared materials by giving such materials new forms, qualities, properties or combinations, whether by hand, labour or machine, is manufacture.41. having, thus, determined that for a commodity to be regarded as a 'manufacture' commodity, it is not necessary that .....
Tag this Judgment!Court : Guwahati
..... orissa v. m. a. tullock, (air 1964 sc 1284) (supra) cited by mr. chakravorty, however, the supreme court found that parliament had enacted the mines and minerals regulation and development act, 1957, under entry 54 of list i of the 7th schedule of the constitution and the supreme court held that since the ..... constitution reserved to the parliament will not invalidate the said ordinance and the act.11. in hingir coal co. v. state of orissa, (air 1961 sc 459) (supra) cited by mr. chakravorty, the validity of orissa mining areas development fund act, 1952 was challenged on the ground that the power of the state legislature ..... 86, the managing director of tripura tea estates development corporation limited also issued notifications appointing shri dilip kumar das, labour inspector, government of tripura as the custodian of the tufanialonga tea estate and shri ratan chakravorty, labour inspector, government of tripura, as custodian of the laxmilonga tea estate. by the two notifications dated 13-11 .....
Tag this Judgment!Court : Guwahati
..... appointed day, shall continue to be the liabilities and obligations of the company. section 16 provides that the monies standing on the appointed day to the credit of provident fund, welfare fund and/or other fund shall stand transferred to and vest in the respondents. petitioners' allegation that the effect of these provisions are most anomalous and unreasonable and violative of ..... work satisfactorily they mentioned the remarks written in the visitors' book on 1 -4-95 (annexure-g to the writ petition), by the secretary to the govt. of assam, power, mines and minerals and the minister of the power department on 20-1-95, the senior representatives of the overseas economic 'cooperation fund of japan on 10-12-95. as stated .....
Tag this Judgment!Court : Guwahati
..... of the constitution in that undertaking was not as a matter of statutory right, of the workmen but to eradicate unfair labour practice and to undo social injustice and as a measure of labour welfare and imposition of certain conditions as to eligibility for the benefit of the relief.80. the supreme court in : ( ..... existing and in addition to their engagement in office work and subsequently by another notification dated 11.10.1994 many functions of rural development, food department, social welfare & social welfare department, i.f.c. & p.h.c. department, revenue department, animal resources development department, industries department and forest department were entrusted to the panchayat ..... not stand subsequently removed and regularisation based on such appointment could not be upheld, more so, when there was specific provision barring underage persons from working in mines.85. the supreme court relying on its earlier decisions of gammon india ltd. v. union of india (1947) 1 scc 596; b.h.e.l. .....
Tag this Judgment!Court : Guwahati
..... for the assessment year 1982-83, the company had suffered a loss and filed a loss return of rs. 45,64,140 and claimed an expenditure, on labour welfare account, of a sum of rs. 25,000 only. for the assessment year 1983-84, an income of rs. 2,47,000 was shown. no contribution towards ..... , the provisions of said clause 2(f)(vii) do not give carte blanche to the petitioner to contribute any sum of money, on the facile argument of welfare scheme or welfare of the workers. there has to be some amount of accountability and reasonableness in the expenditure made. it is admitted by dr. saraf that the contribution of rs ..... many factors such as proper monsoon, dedicated workers, efficient management, favourable national and international market and other factors. earning of agricultural income has no direct nexus with the welfare scheme nor is the same attributable wholly and exclusively for the said purpose. dr. todi further submits that the contribution made by the petitioner-company to the two .....
Tag this Judgment!Court : Guwahati
..... international humanitarian organization dedicated to the services of the wounded, sick, disable end weaker section of the society. the people who are dedicated to serve for the welfare of the persons who became orphans due to ethnic clashes, earthquake, flood etc. used to join the: children home project, jalukbari and rendered their services ..... it is evident there from that it is wholly dependent on donation for its said pursuit.14. we have scrutinized the evidence adduced before the learned labour court as well, which does not suggest either that the project undertaken is either a commercial venture or involves activities that are profit oriented. the allowances ..... home project at jalukbari is an industry, the learned counsel urged.9. the learned senior counsel further contended that in indian red cross society, haryana v. additional labour court, chandigarh and ors.(supra), the punjab and haryana high court held that the indian red cross society is an industry. in that case also the punjab .....
Tag this Judgment!Court : Guwahati
..... layers are, thereafter, cut into diferent sizes which make veneer. for the purpose of making veneer, mechanical process is required to be applied. for manufaturing veneer joint effort of human labour and machinery are required to be used.5. according to the petitioners veneer is commercially a distinct product. it can be used for the purpose of; manufacturing plywood, block board ..... connotation includes all that goes with it, such as, arees with fruits on them, shrubs, bushes, woody vegetation, undergrowth, pastures, anything attached to trees, things embeded in the earth like mines and quarries with their produce, wild and stray animals living in forests. in other words, forest produce in its primary and natural state lying in the forest are 'forest produce .....
Tag this Judgment!Court : Guwahati
..... earlier warned twice for misconduct and that the management dismissed him accepting the finding of the domestic enquiry.6. on consideration of the enquiry proceedings, the labour court found that the concerned workman was not given opportunity to examine himself or to give his statement after the defence witnesses were examined. only the ..... having been raised, and conciliation having failed, by notification no. glr 525/74/5 dated 19th december 1974, the state of assam referred the dispute to the labour court, dibrugarh under section 10 of the industrial disputes act, hereinafter called 'the act', for adjudication of the following issues:(1) whether the management, tanganagaon tea ..... in that light. as regards antecedents, unless the workman was earlier punished after disciplinary enquiry, no inference of guilt could be normally drawn. in bengal bhatdeo coal co. ltd. v. ram probesh singh 1963 i llj 291 at 293, where 13 workmen were dismissed by the appellant company as a result of inquiry .....
Tag this Judgment!Court : Guwahati
..... years. for the assessment year 1982-83, the company had suffered a loss and filed a loss return of rs. 45,64,140 and claimed an expenditure on labour welfare account of a sum of rs. 25,000 only. for the asst. yr. 1983-84, an income of rs. 2,47,000 was shown. no contribution towards ..... , the provisions of said cl. (2)(f)(vii) do not give carte blanche to the petitioner to contribute any sum of money, on the facile argument of welfare scheme or welfare of the workers. there has to be some amount of accountability and reasonableness in the expenditure made. it is admitted by dr. saraf that the contribution of rs. ..... many factors such as proper monsoon, dedicated workers, efficient management, favourable national and international market and other factors. earning of agricultural income has no direct nexus with the welfare scheme nor is the same attributable wholly and exclusively for the said purpose. dr. todi further submits that the contribution made by the petitioner-company to the two sister .....
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