Judgment Search Results Home > Cases Phrase: dock workers regulation of employment act 1948 section 7a offences by companies Court: orissa Page 1 of about 2 results (0.061 seconds)

Sita Gouda Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : [2007(114)FLR581]; 2007(I)OLR714

..... consideration of the aforesaid contention, it has to be considered keeping in view of the dock workers (regulation of employment) act, 1948 and the rights and obligations arising from the aforesaid , enactment. ..... of the dock workers (regulation of employment) act, 1948 clearly indicates the pervasive control by union of india on all dock labour boards. ..... parliament has not only created the dock labour board but also a scheme for ensuring regular employment of workers as well as to look after the workers' interest and to secure their rights ..... section 5c of the act also stipulates for auditing all of the actions of such dock labour board and under section 6, ..... even apart from this, the constitution of the dock labour board is in the hands of the union of india and the function of the dock labour board, as contemplated under section 5b of the act, shall be responsible for administering the scheme for the port or group of ports for which it has been established and shall exercise such powers and perform such functions as may be conferred on it by the ..... importantly, under section 6b the govt ..... averred in the writ application that the petitioner submitted an application alongwith required documents for grant of family pension which was received by the establishment section of opposite party no. ..... sub-section (2) thereof stipulates that the ..... section 6a stipulates that the government may, at any time, appoint any person to investigate or inquire into the working of a board and submit a report to .....

Management of Cuttack Motor Association Vs. Administrative Staff of Cu ...

Court : Orissa

Reported in : (1975)IILLJ265Ori

..... 46, wherein the court came to hold that the vizagapatnam dock labour board functioning under the dock workers (regulation of employment) act, 1948 and the connected scheme was not an 'industry'. ..... under the industrial disputes act 'employer' has a special status and whether a legal entity or not, if he is the employer, certainly in regard to statutory proceedings under the act, can sue and be sued we are not prepared to entertain this point.9 ..... the next is the question as to whether the employer in this case is a juristic entity capable of being sued ..... 'industry' has been defined in section 2(j) of the industrial disputes act of 1947 to mean--any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workman.in the instant case, the tribunal accepted the evidence that the association was formed to run the buses, maintain them, realise the income and after meeting the ..... the tribunal came to hold that the employer was an 'industry' and there were existing disputes justifying the reference ..... (3) whether the employees including staff employed by cuttack motor association, cuttack, are entitled to any medical benefit ..... we would, therefore uphold the finding of the tribunal that the employer is an 'industry' in this case.8. ..... on behalf of the employer, cuttack motor association several pleas were raised ..... the matter must be examined afresh so that injustice may not be done to the employer. .....

M/S. Sterlite Energy Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... section 62 of the bocw act empowers the state government to frame rules for carrying out the provisions of the act, after consultation with the expert committee, in pursuance of which, the state of orissa has framed the orissa building and other construction workers (regulation of employment and condition of ..... while interpreting the definition of "building or other construction work", as defined in section 2(1) (d) of the bocw act and the expression " but does not include any building or construction work to which the provisions of the factories act, 1948, or the mines act, 1952, apply" provided therein, learned counsel for the petitioner submitted that the said words of exclusion used in the act do not admit of any ambiguity and a plain reading thereof demonstrates that the ..... in the district of jharsuguda, for which it has obtained necessary approval of the layout plans and specifications and requisite permission from the concerned authority to carry out such constructions, as provided under section 6 of the factories act, 1948, read with rule 3 of the orissa factories rules, 1950. ..... filed on behalf of the opposite parties, it has been stated that the construction activities undertaken by the petitioner company for establishment of its independent power plant are not governed under the provisions of the factories act, inasmuch as, the approval of lay out and construction drawing by the competent authorities does not amount to registration under the factories act, 1948. .....

Bishnu Ch. Ojha and ors. Vs. Presiding Officer, Labour Court and ors.

Court : Orissa

Reported in : 84(1997)CLT740; (1998)ILLJ1195Ori; 1997(II)OLR460

..... equal work' during the period 1975-1980, and when that matter has not been covered by any award, settlement or agreement between the employer and the petitioners or similar group of employees, the labour court, in exercise of a limited jurisdiction under section 33c(2) of the act cannot first decide as to whether the petitioners are legally entitled to get a particular type of wage and thereafter to compute the money value ..... the basis of the claim on the entitlement of the workmen to a certain benefit in disputed, there being no earlier adjudication or recognition thereof by the employer, the dispute relating to entitlment is not incidental to the benefit claimed and is therefore clearly outside the scope of a proceeding under section 33c(2) of the act, and the labour court has no jurisdiction to first decide the workmen's entitlement and then proceed to compute the benefit. ..... and approved by the government of india for port and dock workers, which is the minimum wage in and around the port area and not ..... affidavit, it has been averred that a scheme, namely, paradip port casual labourers regulation scheme, 1994 has been formulated for the purpose of giving effect to the judgment ..... above that the respondent company had no power to lay- off any workmen, there is no escape from the position that the entire sum payable to the laid-off workmen except the workmen who have settled or compromised has got to be computed and quantified under section 33c(2) of the act for the period of lay .....

Management of Fci and ors. Vs. Presiding Officer, Indl. Tribunal and o ...

Court : Orissa

Reported in : (1993)ILLJ677Ori

..... to unjustifiablity of the granting of relief of reinstatement is that the view taken by the learned tribunal that refusal of employment had been ordered without giving any opportunity to the workers to explain their conduct which was against the principles of natural justice, is not tenable in law. ..... dilate much on the submission, and would remain content by saying that though principle of natural justice is not required to be followed while suspending an employee involved in a criminal offence, whether the same principle would apply while terminating his service for the aforesaid reason, is a question on which there may be two opinions. ..... , in which case the legality of the reference under section 10 of the industrial disputes act relating to abolition of contract labour system was challenged. ..... because, according to the management, the question as to whether the system of contract labour prevailing in the aforesaid four depots required to be abolished is to be decided in accordance with the provisions of the contract labour (regulation and abolition) act, 1970; and the same cannot be the subject-matter of reference under the provisions of the industrial disputes act, 1947. ..... to the labourers, the court was not satisfied if the relationship of master and servant came into existence between the company and the labourers in question. ..... the apex court because it came to the conclusion that there was no relationship of master and servant between the appellant-company and the labourers. .....

Ramesh Chandra Bhuyan and ors. Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : 96(2003)CLT46

..... the bench relying on the judgment of the supreme court in dena nath's case and steel authority of india's case (supra), held that the question of abolition of employment of contract labour in any process, operation or in any other work is a matter for the decision of the government under section 10 of the contract labour (regulation and abolition) act, 1970 and not the courts. ..... 2001 (6) supreme 602, it has been held that neither section 10 of the act nor any other provision of the contract labour (regulation and abolition) act expressly or by necessary implication provides for automatic absorption of contract labour on issuance of a notification by appropriate government.6. ..... 3158 and 5191 of 1994, disposed of by a common judgment dated 26.8.1999) in bijaya kumar jena's case this court had directed the principal employer to absorb the contract labourers on regular basis even if there was no abolition of contract labour, placing reliance on air india's case. ..... the apex court in dena nath's case has specifically observed that the question of abolition of employment of contract labour in any process, operation or in any other work is a matter for decision of the government and not the courts. ..... 4) and they are entitled to be absorbed as regular employees of the institute in terms of section 10(2) of the contract labour (regulation and abolition) act, 1970. ..... national union water front workers and ors. .....

Guruprasad Rout and ors. Vs. Orissa Power Generation Corporation Ltd. ...

Court : Orissa

Reported in : (2000)ILLJ1321Ori; 2000(I)OLR158

..... it is his contention that petitioners having admittedly been engaged by the contractor, a licensee under the contract labour (regulation and abolition) act, 1970, cannot claim regularisation under the corporation, since there is no relationship of master and servant between the petitioners and the corporation in any manner ..... under section 10 of the act, the appropriate government after consultation with the board may prohibit by notification employment of contract labour in any establishment after following the procedure laid down therein ..... 5) to consider the representation of the petitioners in accordance with the provisions of (the) contract labour (regulation and abolition) act, 1970, after giving the concerned parties an opportunity of hearing in the matter. ..... the contract labour (regulation and abolition) act, 1970 regulates the contract labour in certain establishments and provides for its abolition in certain ..... in the present case, the state government being the appropriate government as contemplated under the act and the petitioners having approached the state government by their representations, copies whereof are annexure-2 series to this writ petition, we deem it appropriate to direct it to consider the representation in its proper perspective and take a decision ..... labour and managing the work with the man-power like the petitioners engaged and supplied by the contractor solely with the intention of avoiding legitimate claim and the statutory dues payable to the workers. .....

The All-orissa Transport Employees Union and ors. and the State Transp ...

Court : Orissa

Reported in : (1975)ILLJ48Ori

..... some of them are governed by the 1961 act and some of them are governed by the factories act, 1948, under section 13 of the 1961 act, and under section 51 of the factories act, a worker is to work for 48 hours a week which when calculated after taking the weekly holiday into account comes to 8 hours of work a day. ..... are in conflict or are less advantageous than those of industrial laws applicable to the employees of the state transport service who come under the category of industrial workmen as distinct from a large majority of government servants employed and/or engaged in certain sections and/or branches who do not fall into the category and as it becomes necessary to codify and consolidate the conditions of service of the state transport employees;now, therefore, in exercise of the powers, conferred by the ..... in course of verification of antecedents where an employee has been appointed subject to such verification, for failure to pass departmental test within the number of chances given for the purpose, on any other ground stipulated in the contract of employment, if any of the information given by an employee in his application for the post is subsequently found to be false and for joining a lightning strike ..... therefore, if government as a benevolent employer frame a set of rules regulating their service conditions these rules are not appropriately to be tested by the usual standards applicable to either category independent of each other. .....

Paradip Port and ors. Vs. Union of India and anr.

Court : Orissa

..... "in terms of the recommendation of the said committee, the paradip port trust framed a scheme known as paradip port clearing, forwarding and handling workers (regulation and employment) scheme, 1994.it is the further case of the petitioners that the board of trustees in paradip port is being constituted in terms of the major port trust act, 1963 and as provided therein the board must include two elected representatives by the workers to protect the interest of the workers. ..... prayer in both the writ petitions is to allow the workers governed under the paradip port clearing, forwarding and handling workers (regulation and employment) scheme, 1994 in the election process to the board of trustees of paradip port trust. ..... the management committee should frame scheme on the lines of paradeep port cargo handling workers (regulation and employment) scheme of 1979 looking to the requirement of c & f work. ..... the scheme provides for appointment of labour trustees in the board of major port trusts, appointment of members representing labour on the dock labour board, appointment of labour representatives in dock workers advisory committee and appointment of labour representatives in the bipartite wage negotiation committee. ..... if the number of workers opting to come over to the c & f section is more than the requirement, selection should be made on the basis of their inter se seniority among the standby list workers. ..... there was no dispute that the said gardener was the employee of the company. .....

Shyamabandhu Barik and 34 ors. Vs. Orissa University of Agriculture an ...

Court : Orissa

Reported in : 1991(I)OLR99

..... a allowed almost three years to roll by and took the impugned decision for the reasons stated, in course of their employment, many of the petitioners might have become over-aged for appointment ire service under the government, semi-government or statutory bodies, their case is not worse than the nominal muster roll workers whose absorption has- been directed by courts including the apex court for, otherwise, that would amount to gross ..... the instruction of the vice-chancellor that names should not be called for from the employment exchange and appointment should be made from amongs the literate casual workers working under the university was superseded by the board of management which took a decision in that behalf in its meeting dated 10-7-1987 ..... - fore, the gist of the case of the opposite parties is that the appointment is bad for not submitting a requisition to the employment exchange seeking names of eligible persons for appointment and for failure to reserve posts for candidates belonging to scheduled castes and scheduled tribes.3. ..... hargopal and others, air 1987 sc 1227, the supreme court has observed that there is no provision in the employment exchange (compulsory notification of vacancies) act, 1959, referred to above, which obliges the employer to make appointments through the agency of the employment exchanges though, of course, the employment exchanges should have been notified when the vacancies occurred. ..... the quota may be satisfied by regulating recruitment in future. .....