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People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)

..... there can therefore be no doubt that notwithstanding the absence of specification of construction industry in the schedule to the employment of children act 1938, no child below the age of 14 years can be employed in construction work and the union of india as also every state government must ensure that this constitutional mandate is not violated in any part of the country. ..... it was also pointed out by the petitioners that there was violation of article 24 of the constitution and of the provisions of the employment of children act, 1938 in as much as children below the age of 14 years were employed by the contractors in the construction work of the various projects. ..... now unfortunately this contention urged on behalf of the respondents is well founded, because construction industry does not find a place in the schedule to the employment of children act 1938 and the prohibition enacted in section 3 sub-section (3) of that act against the employment of a child who has not completed his fourteenth year cannot apply to employment in construction industry. ..... so far as the employment of children act 1938 is concerned the case of the union of india, the delhi administration and the delhi development authority was that no complaint in regard to the violation of the provisions of that act was at any time received by them and they disputed that there was any violation of these provisions by the contractors. .....

Basudeo Lal Srivastava (D) Through L.Rs. Vs. Punjab National Bank

Court : Allahabad

Reported in : 2004(2)AWC1871

..... in support of his submission, the learned counsel for the appellant invited my attention to section 3(3) of the employment of children act, 1938, and contended that a child of 12 years old could be permitted to work in a workshop, which is not mentioned in the schedule ..... the employment of children act, 1938, regulates the employment of children in industrial employment. ..... it is thus clear that the employment of children act, 1938, is neither helpful nor applicable to the plaintiffs case.12 ..... the main object of the employment of children act, 1938, was to prevent exploitation of child labour in workshops and other specified occupations ..... the act regulates the employment of children in certain industrial employments. ..... the learned counsel for the appellant further conceded that where the incumbent passed the high school examination after being employed, then, in that case the date of birth recorded in the service book given by the incumbent at the time of employment would be taken as correct and treated as final and that the date of birth recorded in the high school certificate could not be made the basis for correcting the date of birth in ..... section 3 (3) of the act reads as under :'(3) no child who has not completed his (fourteenth) year shall be employed or permitted to work, in any workshop wherein any of the processes set forth in the schedule is carried on.'11 ..... section 3 of the act prohibits the employment of a child, who had not completed his 15 years in certain occupation mentioned .....

Bandhua Mukti Morcha Vs. Union of India and Others

Court : Supreme Court of India

Reported in : 1986(Supp)SCC553

1. we find that the state of uttar pradesh has not yet filed the lists setting out the particulars of the criminal cases which have been filed against the carpet manufacturers and are pending trial in the courts, even though the state government was directed to do so within four days from the date of our order dated august 18, 1986. the state government has also not put forward any scheme for rehabilitation of the children employed in the carpet manufacturing industry. we have directed the state government to do so and an assurance was given to us that the needful will be done by the state government within a short time. it is a matter of regret that the orders made by this court should be blatantly flouted by the state government. it looks as if the state government is not interested at all in eliminating child labour in the carpet manufacturing industry though the said child labour is prohibited under the employment of children act, 1938, nor does the state government seem be interested in providing for the rehabilitation of the said children. we would give one final opportunity to the state government and adjourn the writ petition to september 29, 1986 and direct the secretary to the government of uttar pradesh, labour department to remain present in court at 10.30 a.m. to answer why the directions given by that court have not yet been carried out.

M.C. Mehta Vs. State of Tamil Nadu and Others

Court : Supreme Court of India

Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)

..... it has been first pointed out that the occupations and processes dealt by the act are same about which the repealed statute (employment of children act, 1938) had mentioned, except that in part b, one process has been added the same being ..... section 24 of beedi and cigar workers (conditions of employment act, 1966:prohibition of employment of children-no child shall be required or allowed to work in ..... of this act has prohibited employment of children in certain ..... this sphere ever since the international labour organisation, set up in 1919 under the league of nations, had felt that there should be international guidelines by which the employment of children under a certain age could be regulated in industrial undertakings. ..... employment of children ..... that the child has to be protected from exploitation of all forms including economic exploitation; noting that for several reasons children of different ages do work in india; having prescribed minimum ages for employment in hazardous occupations and in certain other areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area ..... as on today, the following legislative enactments are in force prohibiting employment of child labours in different occupations:(i) section 67 of factories act, 1948:prohibition of employment of young children-no child who has not completed his fourteenth year shall be required or .....

People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Reported in : AIR1982SC1473b; 1982(30)BLJR401; [1982(45)FLR140]; 1982(1)SCALE817; (1982)2SCC494; 1982(14)LC553(SC)

..... and the delhi development authority do take the necessary steps for enforcing observance of the provisions of the contract labour (regulation and abolition) act, 1970, the minimum wages act, 1948, the equal remuneration act, 1976, the employment of children act, 1938 and the inter-state migration workmen (regulation of employment and conditions of service) act, 1979 by the contractors engaged in the construction work of the indoor stadium at indraprastha estate, asian village complex at siri fort road, swimming pool ..... we would also like to appoint two independent institutions to act as ombudsman for protecting the interests of the workers and ensuring observance of the contract labour (regulation and abolition) act, 1970, the minimum, wages act, 1948, the equal remuneration act, 1976, the employment of children act, 1938 and the inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 by the contractors. ..... we would in particular invite the attention of shri walter fernandes, shri alfred d'souza and shri das gupta to sections 16, 17, 18, 19, 20 and 21 of the contract labour (regulation and abolition) act 1970, section 12 of the minimum wages act, sections 4 and 5 of the equal remuneration act 1976, section 3 of the employment of children act 1938 and sections 13 to 17 of the inter-state migrant workmen (regulation of employment and conditions of service) act 1979. .....

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... 1947. in 1932 was passed the criminal law amendment act 1932, as a result of the civil disobedience movement in furtherance of the recommendation of a royal commission, was passed the payment of wages act 1936 and the employment of children act, ..... mr. justice brandies has been subsequently treated as an authoritative exposition of the problem of trade union and the history of its growth and development fortunately as the indian trade union act 16 of 1926, the industrial employment (standing orders) act xx of 1926 and the industrial disputes act 14 of 1947 show our legislature has very wisely benefited by the experience of other countries in the matter of the development of the trade union movement and has made progressive just and ..... rules referred to in clause d of section 28(d)' two other definitions in section 2 of trade unions act 1926 may be quoted here '(g) trade dispute means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and 'workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises' (h) 'trade union' means .....

Nirmal Chandra Majumdar Vs. the Board of Trustees for the Port of

Court : Kolkata

..... but one thing which stands out in this case is that assuming the petitioner was sixteen years of age at the time of his employment in 1958, the same was permitted under the employment of children act 1938 which imposed a bar for appointment of children who were below fifteen years but it permitted engagement of children between fifteen and seventeen years provided they were allowed an interval and rest. ..... the chairman by his order has sought to treat the petitioner as re-employed on and from 1995 to 2000. ..... therefore, by virtue of section 3(2) of the 1938 act, the petitioner was entitled to be engaged. ..... certificate annexed to the writ petition was never produced before the authorities and as the petitioner was allowed to work beyond the date of superannuation his services has been regularised and he has been treated as re-employed. ..... said was disputed and subsequently the petitioner was informed that he had over-stayed in service from october 1995 to december 2000 and as per the chairman s order would be treated for the said period as on re-employment. .....

Vidyaram Kanauha Vs. Punabi and ors.

Court : Madhya Pradesh

Reported in : 1992ACJ596; (1999)IIILLJ410MP

..... it is only in the employment of children act, 1938, that there is a prohibition in section 3 against a child being employed or permitted to work in the specified occupations until he has completed the minimum 14 years of age, section 3 (3) of that act confoms indeed to the prohibition contained in section 67, factories act, that no child who has not completed his 14th year shall be required or allowed to work in any factory. ..... the term 'contract' is not used in the sense it is used in the contract act because a minor is incapable of entering into a contract and his employment is not barred, as i have already held and compensation for his death is not barred. ..... it was held therein that the contractor was not employed by the management as a 'worker', but he was an 'independent contractor' and not being employed 'directly or through any agency', the provisions of section 2(1) of the said act were not attracted. ..... sharma protested vehemently that no 'contract of employment' as contemplated under clause (n) of section 2 of the act has been proved and in support of his contention, he cited chintaman rao v. ..... no provision of the act interdicts jurisdiction of the workmen's compensation commissioner's court to enforce liability of an employer for compensation when 'personal injury is caused to a workman by accident out of and in the course of his employment' in case the workman concerned is a minor and he is not an adult. .....

Public Prosecutor Vs. Shanmugham Pillai

Court : Chennai

Reported in : (1959)IILLJ802Mad

..... term 'workshop' has been defined in section 2(d) of the employment of children act, xxxvi of 1938, as meaning any premises (including precincts thereof) wherein any industrial ..... , godowns and warehouses, whether in the same premises or otherwise, used in connexion with such business but does not include a restaurant, eating house or commercial establishment.in contrast to this definition, the bombay shops and establishments act, 1948, defines 'shop' as follows:shop means any premises where goods are sold, either by retail or wholesale, or where services are rendered to customers, and includes an office, a store-room, godown, warehouse, ..... and wholesale shops, markets, stalls and warehouses, in which assistants are employed for hire; and includes licensed public houses and refreshment houses of any kinds ..... or about a shop or its business; therefore, it is an offence against this section to employ a young person more than 74 hours a week, whether in a shop or about its business ..... (not being a factory) wherein an article or part of an article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a commercial basis and not less than five persons are employed for that purpose for wages or any other remuneration. ..... no distinction between shops carrying retail trade or business and those carrying on wholesale business or trade, while in the weekly holidays act, 1942, shops engaged in retail trade only were made to come under its definition. ..... shops act, 1933-1938, 3rd .....

Western Union Telegraph Co. Vs. Lenroot

Court : US Supreme Court

..... employed by an employer (other than a parent or a person standing in place of a parent employing his own child or a child in his custody under the age of sixteen years is an occupation other than manufacturing or mining) in any occupation, or (2) any employee between the ages of sixteen and eighteen years is employed by an employer in any occupation which the chief of the children's bureau in the department of labor shall find and by order declare to be particularly hazardous for the employment of children ..... and house seem to have overlooked the fact that one contained the prohibition and the other did not; controversy was chiefly over whether the act should simply reenact the method of the 1916 act, which had been held unconstitutional, or should hedge by including labeling and other remedies which might have a better chance of being upheld, ..... it shall be unlawful for any person who --" "(a) has produced goods, wares, or merchandise in any state or territory, wholly or in part through the use of child labor, on or after january 1, 1938; or" "(b) has taken delivery of such goods, wares, or merchandise in any state or territory with notice of their character whether by purchase or on consignment, as commission merchant, agent for forwarding or other purposes, or otherwise, ..... labor provisions of the fair labor standards act of 1938 is inconclusive as to whether the act was intended to reach such child labor ..... labor standards act of 1938, which ..... act of 1938 ..... labor standards act of 1938. .....