Judgment Search Results Home > Cases Phrase: employment of children act 1938 Court: uk supreme court Page 1 of about 277 results (0.115 seconds)

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. .....

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.

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. .....

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 .....

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. .....

WisconsIn Vs. Yoder

Court : US Supreme Court

..... other than manufacturing or mining or an occupation found by the secretary of labor to be particularly hazardous for the employment of children between the ages of sixteen and eighteen years or detrimental to their health or wellbeing." 29 u.s.c. ..... the federal fair labor standards act of 1938 excludes from its definition of "[o]ppressive child labor" employment of a child under age 16 by "a parent ..... for, while agricultural employment is not totally outside the legitimate concerns of the child labor laws, employment of children under parental guidance and on the family farm from age 14 to age 16 is an ancient tradition that lies at the periphery of the objectives ..... [ footnote 2/2 ] "no question is raised concerning the power of the state reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is ..... ] in the present case, the state is not concerned with the maintenance of an educational system as an end in itself; it is rather attempting to nurture and develop the human potential of its children, whether amish or non-amish: to expand their knowledge, broaden their sensibilities, kindle their imagination, foster a spirit of free inquiry, and increase their human understanding and tolerance. .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... the law, the child is given a special criminal trial under the juvenile justice (care and protection of children) act, 2015 and there is a mandatory requirement for the records to be kept confidential and destroyed so that ..... to the withdrawal; (b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law; (c) processing relates to personal data which is manifestly made public by the data subject; and (d) processing is necessary for reasons of substantial ..... the act, which require mandatory proof of possession of an aadhaar number or requiring authentication, cover 252 schemes, including schemes for children (such as benefits under the sarva shiksha abhiyan or getting meals under the mid-day meal scheme, painting 339 part h and essay competitions for children, scholarships on merit), schemes relating to rehabilitation of bonded labour and human trafficking, scholarship schemes for sc/st students, universal access to tuberculosis care, pensions, schemes relating to labour and ..... is the position in law contained in section 11 of the indian contract act, 1872, section 45za of the banking writ petition (civil) no.494 of 2012 & c onnected matters page 395 of 567 regulation act, 1949, section 39 of the insurance act, 1938, section 90 of the indian penal code (which provides that consent ..... the insurance act, 1938 (4 of ..... 1938 ..... 1938 ..... 1938 .....

Nkgsb Cooperative Bank Limited Vs. Subir Chakravarty

Court : Supreme Court of India

..... subordinate officer of his ), and sections 110a and 110b ( any person subordinate to him ) of the insurance act, 1938; section 2(a) ( any officer subordinate to that officer ) of the indian coconut committee act, 1944; section 14a ( such officer or authority subordinate to the central government and such officer or authority subordinate to the state government ) of the industrial employment (standing orders) act, 1946; section 39 ( authority subordinate to the central government and authority subordinate to the state government ) of the ..... such officer subordinate to the central government or a state government ) and section 43 ( such officer or authority subordinate to the central government and such officer or authority subordinate to the state government ) of the arms act, 1959; section 56 ( an officer subordinate to the administrator ) of the children act, 1960; section 5 ( the officers subordinate to him ), section 7 ( subordinate to the administrator and subordinate to the deputy commissioner or the sub-divisional officer ), section 68 ( subordinate to such officer ), section 84 ( any revenue ..... wide and varied facts such as exams of the children are ensuing, old and aged parents, paternal or maternal aunt are suffering from an ailment and are under going treatment at a nearby hospital are pleaded. .....

Smt. Parayankandiyal Eravath Kanapravan Kalliani Amma and Others Vs. K ...

Court : Supreme Court of India

Reported in : 1996IVAD(SC)333; AIR1996SC1963; 1996(2)BLJR971; II(1996)DMC82SC; JT1996(4)SC656; (1996)2MLJ82(SC); 1996(I)OLR(SC)598; 1996(4)SCALE131; (1996)4SCC76; [1996]Supp2SCR1

..... out at this stage that the joint committee which was constituted to look into the provisions of the hindu marriage act, indicated in its report that in no case should children be regarded as illegitimate and consequently it followed the principles contained in section 26 of the special marriage act, 1954, to provide that children born of void of voidable marriages shall be treated to be legitimate unlike the english law which holds the child ..... consequence of unsoundness of mind; or(b) thought capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or(c) has been subject to recurrent attacks of insanity or epilepsy;(iii) the bridegroom has completed the age of (twenty one years) and the bride the age of (eighteen years) at the time of the marriage;(iv) ..... 5; or(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978 (2 of 1978) the consent of such guardian was obtained by force or by fraud as to the mature: of the ceremony or as to any material fact or circumstance concerning the respondent; or(d) that the respondent ..... marriage is null and void under section 11' employed in section 16(1) indicate undoubtedly the following ..... act was in force when raman nair married his first wife, ammu amma, in 1938 .....

Mohan Lal Goenka and anr. Vs. the State of West Bengal

Court : Supreme Court of India

Reported in : AIR1961SC1543; 1961CriLJ713; [1961(3)FLR326]; (1961)IILLJ404SC; [1962]2SCR36

..... 30 of the 1923 act mentions one of the purposes for which rules may be made in these words "for requiring the maintenance in mines, wherein any women are ordinarily employed, of suitable rooms to be reserved for the use of the children under the age of 6 years belonging to such women, and for prescribing, either generally or with particular reference to number of women ordinarily employed in the mine, the number and standards of such rooms, and the nature and extent ..... clause (d) of this section runs thus:- "for requiring the maintenance in mines, wherein any women are employed or were employed, on any day of the preceding twelve- months, of suitable rooms to be reserved for the use of the children under the age of six years belonging to such women, and for prescribing either generally or with particu- lar reference to the number of women employed in the mines, the number and standards of such rooms, and the nature and extent ..... 58(d) of the 1952 act, do not exclude mines, where women are ordinarily employed; the description "mine wherein any women are ordinarily employed "include, in the first place the mines where women are ordinarily employed and include in addition to those other mines", 'wherein any women are employed or were employed on any day of the preceding twelve months', even though the attribute of "women being ordinarily employed there", is not present. .....