Judgment Search Results Home > Cases Phrase: dock workers regulation of employment act 1948 section 7a offences by companies Page 1 of about 665 results (0.222 seconds)

Ranabir Saha Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

..... it also appears that by such power conferred under section 3 of the dock workers (regulations of employment) act, 1948 the board has approved the scheme to regulate the employment of its workers and staff which is known as calcutta dock clerical and supervisory workers (regulation of employment) scheme, 1970. 20. ..... section 19 of the prevention of corruption act: (1) no court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction, - (a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office ..... lb-13014/1/6-us(l)] established the calcutta dock labour board with the 15 members, 5 members representing the dock workers the employers of dock workers and shipping companies each. ..... . this should be done in two ways; either (1) by producing the original sanction which itself contains the facts constituting the offence and the grounds of satisfaction and (2) by adducing evidence aliunde to show the facts placed before the sanctioning authority and the satisfaction arrived at by it .....

Trafalgar House Construction India Ltd. Vs. State of Jharkhand and An ...

Court : Jharkhand

..... in this behalf by the central government or in relation to an industrial dispute concerning a dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india limited formed and registered under the companies act, 1956 (1 of 1956) or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the state boards of trustees ..... the facts in brief is that labour enforcement officer (central) has filed a complaint against the petitioner raising allegation that petitioner company has violated certain rules as indicated in the complaint and as such they are liable to be prosecuted for the offence punishable under section 24 of the contract labour (regulation and abolition) act, 1970.4. .....

Dena Nath and Others Vs. National Fertilisers Ltd. and Others

Court : Supreme Court of India

Reported in : AIR1992SC457; JT1991(4)SC413; 1992LabIC75; (1992)ILLJ289SC; 1991(2)SCALE1081; (1992)1SCC695; [1991]Supp2SCR401

..... section 23 deals with contravention of provisions regarding employment of contract labour and sections 24 and 25 deal with other offences and offences by companies. ..... held that if the principal employer does not get registration as required under section 7 of the act and/or the contractor does not get the licence under section 12 of the act, the persons who are appointed by the principal employer through the contractor, the only consequence is the penal provisions contained in sections 23 and 24 of the act and that the principal employer or contractor can be prosecuted under those sections, but the act nowhere provides that such employees employed through the contractor would ..... from the above provisions it is clear that the act serves two-fold purposes (1) regulation of the conditions of service of the workers employed by the contractor who is engaged by a principal employer and; (2) also provides for the appropriate government abolishing contract labour altogether, in certain notified processes, operation or other works in any establishment. ..... the said rule inter alia provides that a licence issued to a contractor shall not be transferable, that contractors cannot employ workmen in excess of the number specified therein and that rate of wages payable to the workmen shall be the rate prescribed under the minimum wages act, 1948. .....

The State Vs. Ardeshir B. Cursetji and Sons, Ltd.

Court : Mumbai

Reported in : (1956)58BOMLR365

..... company who were charged with having committed an offence under regulation 5 read with regulations 50 and 51 of the indian dock labourers regulations, 1948, framed under section 5 of the indian dock labourers act ..... the workers:provided ..... regulation (1) of regulation ..... company are clearly guilty of an offence under regulation 5 read with regulations 50 and 51 of the regulations framed under the indian dock labourers act, 1934, we find the respondent company guilty of the said offence, convict them of the said offence ..... section of hatch coverings has been placed across it:provided that this regulation ..... regulation 50(1) would show that, so far as the indian dock labourers regulations, 1948 ..... company ..... regulations 50 and 51 of the indian dock labourers regulations, 1948 ..... section of the hatch on the shelter deck making it impossible for the workmen to go on that section for ..... regulation ..... regulation ..... sections of the hatch coverings could be removed making it possible for the workmen to go on that section ..... regulation 55, sub-regulation ..... sections except the section ..... regulation 50(1), it would not be necessary to comply with the latter of the two alternative requirements of regulation 51, provided that the alternative of securely covering the hatch under regulation 50(1) is carried out; because in that event, the first of the two alternative safeguards required by regulation ..... regulation ..... regulation 50 has a heading 'hatches not in use'; whilst regulation ..... regulation (i) of regulation ..... regulation ..... regulation 50, sub-regulation .....

irkar D. Shahu and anr. Vs. the Bombay Port Trust and ors.

Court : Mumbai

Reported in : 1994(3)BomCR566

..... under section 5-b(2) of the bombay dock workers (regulation of employment) act, 1948, in the exercise of its powers on the discharge of its functions, a board shall be bound by such directions as the government may, for reasons to be stated in writing, give to it from time to time. ..... clause 2 of the scheme also provides that the object of the scheme is to ensure an adequate supply and full and proper utilization of unprotected workers employed in the docks in connection with loading, unloading (including warai), sorting, segregating, cutting, stitching, filling, packing, marking, sealing, stacking, carrying, weighing, measuring or such other work including the work preparatory or incidental to such operations, but 'does not include employment of a dock worker within the meaning of the dock workers (regulation of employment) act, 1948. ..... employment in docks in connection with loading, unloading, stacking, carrying, weighing, measuring or such other work including work preparatory or incidental to such operations, but does not include employment of a dock worker within the meaning of the dock workers (regulation of employment) act, 1948. ..... in 1948, the dock workers (regulation of employment) act, 1948 was enacted for regulating the employment of dock workers. .....

Kesab Lal Banerjee and anr. Vs. Calcutta Dock Labour Board and anr.

Court : Kolkata

Reported in : AIR1960Cal166

..... in the year 1948, was enacted the 'dock workers (regulation of employment) act, 1948' being central act ix of 1948. ..... in exercise of the powers conferred by the act, the central government in or about october, 1951, framed a scheme called the 'calcutta dock workers (regulation of employment) scheme 1951. ..... (b) in so far as the application of the scheme to stevedore labour is concerned, every stevedore or stevedoring firm who on the date of the enforcement of the scheme is already registered under the calcutta dock workers (regulation of employment)scheme 1951 shall be deemed to have been registered under this scheme. ..... this scheme was subsequently replaced by another scheme called the 'calcutta dock workers (regulation of employment) scheme 1956. ..... the board must still consist of members including the employers of dock workers and shipping companies. ..... clause (c) defines the word 'employer' as follows : '(c) 'employer', in relation to a dock worker means a person by whom he is employed or to be employed as aforesaid;' section 5 of the act provides for the constitution of an advisory committee consisting of an equal number of members representing government, dock workers, and the employers of dock workers. ..... the board was to consist of 12 members, to be appointed by the central government, and was to include an equal number of members representing government, dock workers and employers of dock workers and shipping companies. ..... all shipping companies. .....

Sociedade De Fomento Industrial Pvt. Ltd. and ors. Vs. Mormugao Dock L ...

Court : Supreme Court of India

Reported in : 1995LabIC1387; (1995)IILLJ743SC; 1995(1)SCALE225; 1995Supp(1)SCC534; [1995]1SCR377

..... issued in exercise of the powers conferred by clause 54 of the mormugao dock workers (regulation of employment) scheme, 1965, hereinafter referred to as 'the scheme' framed by the government of india in exercise of the powers conferred on it by the dock workers (regulation of employment) act, 1948 hereinafter referred to as 'the act',2. ..... act was enacted with a view to provide for regulating the employment of dock workers ..... to the continuous drain on the finances of the board is the increased off-take of iron ore since 1979 by vessels fitted with grab cranes because such off-take results in loss of opportunity of employment for the registered dock workers and consequent increase in the burden on the board for the minimum guaranteed wages and other amounts payable under the scheme ..... various expressions including the expressions 'daily worker', 'dock employer', 'monthly worker', 'registered dock workers', 'registered employer and 'reserved pool' have been ..... other provisions, can provide for securing a minimum pay in respect of periods during which employment, or full employment, is not available for dock workers to whom the scheme applies and who are available for work. ..... section 3 of the act provides for a scheme for registration of dock workers and employers with a view to ensuring greater regularity of employment and for regulating the employment of dock workers, whether registered or ..... . 1 is a company registered under the companies act, 1956 and is engaged, in mining and export of .....

Raman C. AmIn and ors. Vs. Dock Labour Board, Visakhapatnam and ors.

Court : Andhra Pradesh

Reported in : (1990)IILLJ553AP

..... the labourers who work on the port are governed by the dock workers (regulation of employment) act 1948, (for short 'the act') under section 5 of the act, the dock labour board has been established by the government which is a corporate ..... the dock workers (regulation of employment) act is a beneficient piece of legislation and hence has to be liberally ..... ' further, visakhapatnam unregistered dock workers (regulation of employment) scheme, 1968 which is framed by the central government under the act has classified the workers into three categories b, b1, and c (see clause 17(2) of the ..... the counter affidavits filed by the labour officer of the dock labour board, it is stated that the petitioners applied for listing as employers under clause 15(2) of the vishakhapatnam unregistered dock workers (regulation of employment) scheme 1968 (for short 'the scheme'). ..... section 2(b) of the act defines 'dock worker' which is in the following terms : 'dock worker means a person employed or to be employed in, or in the vicinity of, any port on work in connection with the loading, un-loading, movement or storage of cargoes, or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or leaving ..... act has been enacted to regulate the employment of dock workers. ..... agencies have to get themselves registered under the act and are obliged to engage dock labourers called dock workers as defined under section 2(b) of the act, provided by the dock labour board. .....

S.K. Sarawagi and Co. Pvt. Ltd. Vs. Dock Labour Board and anr.

Court : Andhra Pradesh

Reported in : 1997(2)ALT280; (1998)IIILLJ834AP

..... section 5a of the dock workers (regulation of employment) act, 1948 (for short 'the act') gives power to the government to establish dock labour board for the visakhapatnam board and under section 5b, the functions of the board have been ..... the visakhapatnam unregistered dock workers (regulation of employment) scheme, 1968 and the visakhapatnam dock workers (regulation of employment) scheme, 1959 ..... basis for such a demand as the petitioner is not a listed employer and it is not bound under the visakhapatnam unregistered dock workers (regulation of employment) scheme, 1968 (for short' 1968 scheme'). ..... visakhapatnam dock workers (regulation of employment) scheme, 1959 (for short '1959 scheme1) envisages under regulation 7, the functions of the board to maintain the register of the workers. ..... section 2(c) of the act defines employer as ' 'employer' in relation to a dock worker means the person by whom he is employed or to be employed as ..... section 2(b) of the act defines a dock worker as 'a person employed or to be employed in, or in the vicinity of any port on work in connection with the loading, unloading, movement or storage of cargoes, or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or leaving ..... , application and commencement of the scheme is as follows :'(1)the objects of the scheme are to regulate the employment of the dock workers to whom this scheme applies and to ensure efficient performance of work by the said workers. .....

Karuppiah S. and ors. Vs. Chennai Dock Labour Board

Court : Chennai

Reported in : (2001)IILLJ715Mad

..... 1972 i llj 8 wherein it was held that the tribunal has no power to amend or alter the statutory schemes framed under the madras dock workers (regulation of employment) act, 1948, as those schemes have statutory force.8. ..... enactment is of general character applicable to all employees and 'workmen' employed in all industries governed by the act while the dock workers (regulation of employment) act and the schemes framed thereunder, are special, so far as the dock workers are concerned, the act being one intended to regulate the conditions of employment of those employed in or in relation to the docks, being in the nature of special law concerning the dock workers. ..... , is not the position here as the statutory scheme framed under the dock workers (regulation of employment) act are to be regarded as special law vis-a-vis industrial employment (standing orders) act. ..... schemes had been placed before the parliament before being notified as required under the provisions of dock workers (regulation of employment) act. ..... the madras unregistered dock general pool workers scheme, 1988 as also the madras unregistered; dock clearing and forwarding workers' scheme, 1998 both of which are framed under section 4(1) of the dock workers (regulation of employment) act, fixes the age of retirement of those governed by the scheme as ..... provides for constitution of dock labour board on which representatives of dock workers, the government, the employers of dock workers as also shipping companies serve as members. .....