Judgment Search Results Home > Cases Phrase: dock workers regulation of employment act 1948 section 7a offences by companies Page 7 of about 665 results (0.130 seconds)

Gulam Rasul Vs. Calcutta Dock Labour Board and ors.

Court : Kolkata

Reported in : (1966)IILLJ52Cal

..... it will be remembered that the scheme was made in exercise of powers conferred by sub-section (1) of section 4 of the dock workers (regulation of employment) act, 1948. ..... in 1948, a central act was passed called the dock workers (regulation of employment) act, 1948 (act 9 of 1948), which came into operation on 4 march 1948. ..... in exercise of power conferred by section 4, the central government framed a scheme for the port of calcutta called ' the calcutta unregistered dock workers (regulation of employment) scheme, 1957. ..... 6a of the said scheme the administrative body of the dock labour board is responsible for allocation of listed workers in the pools and it is within the right of the board to limit the supply to the petitioner of those categories of salt workers to which the said firm of union weighment company was and is entitled as per the declaration made in the application for listing.16. ..... item (g) of the particulars reads as follows:(g) whether carrying on stevedoring work or any other business connected with dock work under the same name of the company. ..... the facts in this case are shortly as follows: the petitioner carries on business under the name and style of union weighment company in calcutta. .....

Calcutta Dock Labour Board Vs. T. P. Roychowdhury and Co. Pvt. Ltd.

Court : Kolkata

..... is constituted under the dock workers (regulation of employment) act, 1948. ..... for the defendant submits that the parties are guided by clause 50 of the calcutta dock clerical and supervisory workers (regulation of employment) scheme, 1970 (hereinafter referred to as the scheme of 1970 .). ..... is a registered employer within the meaning of calcutta dock clerical and supervisory workers (regulation of employment) scheme, 1970. ..... of the calcutta dock clerical and supervisory workers (regulation employment) scheme, 1970 would be applicable to the wage revision for the period from 1998 to august 1, 2000 as alleged by the defendant in para 4 of the ..... claims that the parties are guided by the calcutta dock clerical and supervisory workers (regulation of employment) scheme, 1970. ..... liable to pay arrear wages on account of wage revision settlement dated 2nd august, 2000 to the registered workers in terms of clause 50 of calcutta dock clerical and supervisory workers (regulation of enjoyment) scheme, 1970?. . ..... a registered employer meaning stevedore employer/contractor, a group of such employers is permitted to use registered dock clerical and supervisory worker only under a direct stevedoring agreement with the ship-owners, shipping agents or shipping companies. ..... settlement as arrived at and signed in the presence of regional labour commissioner, mumbai and deputy chief labour commissioner at new delhi on august 2, 2000 under section 12(3) of the industrial dispute act is binding upon the defendant?.3. .....

T.P. Roychowdhury and Company Private Ltd. Vs. Calcutta Dock Labour Bo ...

Court : Kolkata

..... according to the appellant, the learned single judge failed to appreciate the scope and purport of the provisions of the calcutta dock clerical and supervisory workers (regulation of employment) scheme, 1970 framed under the dock workers (regulation of employment) act, 1948. ..... sieving out unnecessary details, the plaintiff/respondent s case in an encapsulated form is such that they used to supply workers on monthly basis as well as on daily basis to the appellant under the provision of a scheme which is called calcutta dock clerical and supervisory workers (regulation of employment) scheme, 1997. ..... according to him, normally wage revision of all india board of dock workers employers are made in five years interval but the wage revision relating to the period 1998 was effected for ten years.that is, up to 31st december, 2006. ..... in the high court at calcutta civil appellate jurisdiction original side present: the honb le mr.justice biswanath somadder & the hon ble mr.justice siddhartha chattopadhyay a.p.d.no.3 of 2015 with c.s.no.303 of 2005 t.p.roychowdhury & company private ltd. ..... the plaintiff/respondent s specific assertion was such that on 2nd august, 2000, an agreement in relation to wage settlement was done with national federations representing workers in respect of all the major ports and dock labour boards of the country in terms of section 12 (3) of the industrial disputes act. .....

Calcutta Dock Labour Board Vs. Bonomali Mahanti

Court : Kolkata

Reported in : (1968)ILLJ234Cal

..... employment was governed by the calcutta dock workers (regulation of employment) scheme, 1956, framed under dock workers (regulation of employment) act, 1948 ..... , stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.section 2(17) ' ' public officer' means a person falling under any of the following descriptions, namely: * * *clause (b),' every member of the indian civil service'; * * *clause (h),' every officer in the service or pay of the government or ..... to the suit, the material defiance was that it was bad in the absence of the statutory notice under section 80 of the code of civil procedure upon defendant 2, that the impugned declaration was perfectly legal, valid and in due accordance with law and that the pending disciplinary proceeding ..... capacity, mentioned in section 80, has, in our opinion, reference to his (the officer's) substantive appointment and that appointment, again, must be referable to that status, contemplated in section 2(17), that is, member, indian civil service, and/or government servant, as the case may be under the relevant sub-clauses (b) and/or (h), and the act complained of must ..... the first is whether any notice under section 80 of the code was necessary for the instant suit, and second, whether the impugned declaration and disciplinary pro-ceding were valid in law in the sense that they could .....

HussaIn Mithu Mhasvadkar Vs. Bombay Iron and Steel Labour Board and Ot ...

Court : Mumbai

Reported in : 1991(1)BomCR615; (1991)93BOMLR805; [1991(62)FLR199]; (1992)ILLJ663Bom; 1991(1)MhLj293

..... it cannot be disputed that the functions of the dock labour board constituted under the dock workers (regulation of employment) act, 1948, are similar to the functions of the respondent no. ..... in exercise of the powers conferred by sub-section (1) of section 4 of the act, the state government framed a scheme know as the bombay iron and steel unprotected workers (regulation of employment and welfare) scheme, 1970. ..... 1 herein), a statutory board constituted under sub-section (1) of section 6 of the maharashtra mathadi, hamal and other manual workers (regulation of employment and welfare) act, 1969 (maharashtra act no. ..... the work is given, and in respect of payments made, or to be made, for the said work; (d) seize or take copies of such registers, records of wages or notices or portions thereof, as he my consider relevant, in respect of an offence under this act or scheme, which he has reason to believe has been committed by an employer; and (e) exercise such other powers as may be prescribed; provided that, no one shall be required under the provisions of this section to answer any question or make any statement tending to incriminate himself. .....

Sylvester and Co. Vs. their workman thro' Transport and Dock Workers' ...

Court : Mumbai

Reported in : 2008(3)BomCR395; (2008)ILLJ546Bom

..... that the maharashtra mathadi hamal and other manual workers (regulation of employment and welfare) act, 1969 can also cover those workers employed in the docks in connection with loading and unloading so long as such workers are not covered by any of the schemes framed under the dock workers act, 1948.validity of the order of termination:17. ..... of wharfage and effecting delivery - memo dated march 18, 1980.5) dereliction in duties & disobeying office instructions memoranda dated april 7, 1980, may 3, 1980 and may 7, 1980.6) inefficiency - memo dated september 2, 1980.7) defrauding company by claiming excess delivery charges - memo dated november 26, 1980.8) gross dereliction in duties & flouting; instructions and replying show cause notice for over 2 months - memo dated april 29, 1981.9) not submitting the accounts of ..... in the absence of elaboration in the industrial disputes act, the central government would be an appropriate government to make a reference under section 10 of the act when the dispute is between the management and the workers employed in works considered as incidental to or connected with operations ..... before the supreme court was that the expression 'industry' in section 2(j) was wide enough to include the head office of a mining company though it may be situated away from the place where the mining operations are actually carried out and it is in the light of the definition of the word 'industry' contained in section 2(j) that the words 'in relation to a mine' must .....

Workmen of Calcutta Dock Labour Board and anr. Vs. Employers in Relati ...

Court : Supreme Court of India

Reported in : AIR1973SC2251; [1973(26)FLR444]; (1973)IILLJ254SC; (1974)3SCC216; 1973(1)SLJ1044(SC)

..... the calcutta dock labour board is a body corporate, established under the dock workers (regulation of employment) act, 1948 and includes equal number of members representing the government, the dock workers and the employers of dock workers and shipping companies. ..... it had been urged that they were not employers of the workmen within the meaning of the industrial disputes act, 1947 (hereinafter called as the act) or under the calcutta dock workers (regulation of employment) scheme, 1956 and the other scheme of 1957 and therefore the reference was without jurisdiction. ..... the calcutta dock workers (regulation of employment) scheme, 1956 was notified on october 8, 1956 governing the terms and conditions of service of registered dock workers. ..... schemes had been framed under section 4 of the said act for representation of dock workers and employer, with the object of ensuring greater regularity of employment and regulating the employment of dock workers in a port whether registered or not. ..... a notification dated september 29, 1966 was issued by the central government saying that an industrial dispute exists between the employers in relation to (1) calcutta dock labour board, (2) the master stevedores' association and (3) the calcutta stevedores' association, calcutta and their workmen and, therefore, a reference was being made under section 10(1) of the industrial disputes act. .....

CochIn Dock Labour Union (by Its Secretary) and ors. Vs. CochIn Dock L ...

Court : Kerala

Reported in : (1967)IILLJ108Ker

..... respondent 1 board ib governed by the provisions of the cochin dock works (regulation of employment) scheme, 1959, framed under the provisions of the dock workers (regulation of employment) act, 1948 (central act 9 of 1918). ..... counsel for the petitioner referred to clauses 40, 45 and 47 of the cochin dock workers (regulation of employment) scheme, 1959. ..... 3 of 1961, dated 18 october 1962, about 1,800 dock workers wore registered, according to the terms of the award, and respondent 1 board began to employ the workman from about 6 november 1962. ..... clause 49 provides that the scheme shall cease to apply to a registered dock worker when his name has been removed in accordance with provisions of the scheme. ..... therefore, the first part of standing order 8 (11) inevitably leads to the conclusion that if an employee is absent for eight consecutive days without leave, he is deemed to have terminated his contract of service and thus relinquished or abandoned his employment.the standing order here in question has also been issued under the provisions of the industrial employment (standing orders) act, 1946, which by section 2(g) of the act defined standing orders as rules relating to matters set out in the schedule. ..... the standing order that was construed in that case provided that an employee who absents himself for eight consecutive working days without leave shall be deemed to have left company's service without notice there by terminating his contract of service. .....

Madras Dock Labour Board Vs. the Government of Tamil Nadu and anr.

Court : Chennai

Reported in : (1997)ILLJ1021Mad

..... a reply was sent by the petitioner stating that the scheme was framed under dock workers regulation of employment act, that the madras dock labour board has recommended to the government for taking over the scheme by the dock labour board. ..... agreement during february, 1972 between the madras customs clearing & shipping agents association, the madras port & dock workers' congress, madras port and dock workers progressive union and the madras harbour workers union, the workers engaged by the members of the petitioner were brought under decasualisation scheme called the madras port clearing and forwarding labour (regulation of employment) scheme (hereinafter referred to as 'the scheme'). ..... chairman of the madras port clearing and forwarding labour (regulation of employment) scheme. ..... the administrative committee representing the madras customs clearing and shipping agents association on behalf of the clearing agents, contractors, importers and exporters on the one part and madras harbour workers' union, madras port and dock workers congress and madras port and dock workers progressive union on the second part.8. ..... notification dated december 22, 1976 under sub-section (5) of section 1 of the employees' state insurance act, 1948 (hereinafter called 'the act'). ..... tamil nadu (supra) the petitioners were rendering services to the various shipping companies by securing cargo for transhipment from madras to various other places on a ..... rendering services in the premises to foreign shipping companies. .....

Roy Chowdhury (T.P.) Vs. Calcutta Dock Labour Board and ors.

Court : Kolkata

Reported in : (1963)IILLJ179Cal

..... dock labour is regulated by an act known as the dock workers (regulation of employment; act, 1948 (ix of 1948 ..... or stevedoring firm who on the date of 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. ..... dock employer' is defined as: section 3(g)-dock employer means the person by whom a dock worker is employed or is to be employed and includes a group of dock employers formed under section ..... the date fixed by the board for this purpose;provided that no such person shall be entitled to registration unless be satisfies the board that he has at least such minimum number of monthly paid workers in his permanent employment and such minimum gear required to clear a ship of general cargo, as may be considered to be adequate in the opinion of the board exercising its discretion in the particular case, ' ..... company:i would like to invite your attention to the provisions of the calcutta dock workers (regulation of employment; scheme, 1956, relating to the requirements of registration for carrying on stevedoring business in the port or dock ..... section 4 quoted above, there was a scheme made for the port of calcutta, in the year 1951, which was known as the calcutta dock workers (regulation of employment ..... under section 4 of the act,the central government may, by notification in the official gazette and subject to the condition of previous publication, make one or more scheme .....