Inter State Migrant Workmen Regulation Of And Conditions Of Service Act 1979 Chapter V Wages Welfare And Other Facilities To Be Provided To Inter State Migrant Workmen - Judgment Search Results

The Chief Manager, Federal Bank Ltd. Vs. the State of Goa, Through the ...

Court: Mumbai Goa

2 has alleged that the persons working were recruited from inter-states for working at Goa by or through the Contractor. Hence, to the petitioner by the complainant that it is specifically stated therein that the inspection of the establishment of the petitioner carried on.? (b) Section 2(1)(e) of the Act defines 'inter-state migrant workman' as under : "2(1)(e).- Inter-State migrant workman" means any the accused (petitioner), under Section 26 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 ('the 26 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 ('the Act' for short). It is the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 ('the Rules' for short). Lastly, it is Enforcement Officer (Central), Vasco-da-Gama, who is an Inspector under the Act, had inspected the establishment of the accused at Vaddem, Vasco-da-Gama, Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 ('the Act' for short). It is alleged that Shri K. alleged that Shri K. A. Sebastian, Labour Enforcement Officer (Central), Vasco-da-Gama, who is an Inspector under the Act, had inspected the œ55. Notices - (1) (I).- Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, as may be prescribed, for the registration of the establishment: Provided that the registering officer may entertain any such application for

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)

course, the Court would not, in exercise of its discretion, intervene at the instance of a meddlesome interloper or busy body to look after these vessels. The Central Government and the State of Haryana will also take steps for ensuring that the an establishment to which this Act applies, shall employ inter-State migrant workmen in the establishment unless a certificate of registration in thekedar or jamadar for the purpose of recruiting or employing workmen. The Inter-State Migrant Workmen Act being a piece of social and of the Mines Rules 1955 and other Rules and Regulations made under that Act and it is the primary obligation of these high prerogative writs and therefore even if the conditions for issue of any of these high prerogative writs are the necessary first aid facilities and proper and adequate medical services including hospitalisation are provided to the workmen and the members the enforcement of such forced labour. The thrust of the Act is against the continuance of any form of forced labour. Migrant Workman (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as the Inter-State Migrant Workmen Act). This with leave with wages. The provisions contained in these three Chapters confer certain rights and benefits on the workmen employed in and stone crusher owners or the jamadars and thekedars proprio vigore on the basis of such report, but merely for the of 'Thekedars', middlemen who extract 30% of the poor miner's wages as their ill gotten commission (Rs. 20 out of Rs. in the rights and benefits conferred upon them by social welfare and labour laws and the progress made shall be reported healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These steps to ensure that proper and adequate medical treatment is provided by the mine lessees and owners of stone crushers to

Labourers Working on Salal Hydro Project Vs. State of Jammu and Kashmi ...

Court: Supreme Court of India

Reported in: AIR1984SC177; [1984(49)FLR30]; 1983LabIC502; (1983)ILLJ494SC; 1983(1)SCALE216; (1983)2SCC181; [1983]2SCR473

of the Inter State Migrant Workmen Act in regard to Inter State migrant workmen employed in the project work. The Central the implementation of these provisions in, so far as Inter State migrant workmen were concerned. The Central Government in any event steps for enforcement of the provisions of the Inter State Migrant Workmen Act in regard to Inter State migrant workmen employed executed by the National Hydro Electric Power Corporation itself through workmen directly employed by it, while certain other portions of the averred in its affidavit in reply that its officers are regularly carrying out inspections and it has given various dates on and the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. So far as the Inter State Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. So far as the Inter State Migrant Workmen of Section 2 of the Contract Labour (Regulation and Abolition) Act 1970 and it is precisely in order to circumvent the Act received the assent of the President on 11th June, 1979 but it was brought into force only on 2nd October the Inter State Migrant Workmen Act was enacted with a view to eliminating abuses to which workmen recruited from one State there can be no doubt that the minimum rates of wages fixed by the Central Government include the element of weekly to workmen employed by contractors for securing their health and welfare and 'piece wagers' or sub contractors who are 'contractors' within of the Labour Commissioner (J & K) that adequate washing facilities are not provided at work sites, though there is clearly for ensuring that canteens, rest rooms and washing facilities are provided by the contractors and 'piece wagers' or sub-contractors to the

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)

and meaningless and it is a well recognised rule of interpretation that the court should avoid a construction which as the its range and it is enforceable not only against the State but also against any other person indulging in any such that so far as the rights and benefits conferred upon migrant workmen under the provisions of Section 13 to 16 of and just. Now the rights and benefits conferred on the workmen employed by a contractor under the provisions of the Contract and the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 by the contractOrs. The Union of money or the property refuses or fails to perform such service, he will be punished with of fine. The constitutional validity Act 1948, Article 24 of the Constitution, the Equal Remuneration Act 1976, the Contract labour (Regulation and Abolition) Act 1970 and Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 by the contractOrs. The Union of India in its affidavit evil practice by enacting constitutional prohibition against it in the chapter on fundamental rights, so that the abolition of such practice by any of these Authorities and hence there was no violation of the constitutional prohibition enacted in Article 24. So far and there was violation of the provisions of the Minimum Wages Act, 1948.8. So far as the Employment of Children Act levels of achievement and bringing about their total advancement and welfare. Political freedom had no meaning unless it was accompanied by workers were denied proper living conditions and medical and other facilities to which they were entitled under the provisions of the benefit of the workmen employed in an establishment is not provided by the contractor, the obligation to provide such amenity rests

Labourers Working on Salal Hydro-electric Project Vs. State of Jammu a ...

Court: Supreme Court of India

Reported in: 1984(1)SCALE680; (1984)3SCC538

this office No. P & A/P-IV/100(CL)/82/58176-236 dated 2.12.1982.8. That every inter-State migrant workmen is paid displacement allowance at the time of to their workmen travelling expenses and journey allowance. Kulbhushan Raina stated in his affidavit that despite this contention raised by Hindustan and the Rules made under it in regard to Inter-State migrant workmen employed in the project work. These were the detailed apply for licence Under-Section 8 of the Inter State Migrant Workmen Act and they were paying to their workmen travelling expenses inspections must be carried out by the Inspectorate staff with regular frequency and such inspections must be detailed and through, for who have come from other States (iii) what are the conditions in which the workers art living and (iv) whether the the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 (hereinafter referred to as Inter-State Migrant Workmen Act) on 2nd October 1980 and the Rules made under that Act had also been brought into force with effect from the Section 14 & 15 of the Inter-State Migrant Workmen Act, 1979.The Central Government also addressed a letter dated 22nd March 1983 are provided to the Contract/Inter-State Migrant Workmen as already instructed vide this office No. P & A/P-IV/100(CL)/82/58176-236 dated 2.12.1982.8. That every taken away by khateaars and that weekly off days with wages were also not being allowed to them by the piece-wagers Migrant Workmen Act and the Minimum Wages Act and the welfare amenities required to be provided under these statutes are being Act and that so far as the other amenities and facilities required to be provided under these two statutes were concerned, in the event of their failure the same shall be provided at their cost by the principal employers themselves'. The Central

Mahabubnagar District Palamoori Contract Labour Union Vs. M/S. Nagarju ...

Court: Karnataka

Reported in: ILR1998KAR1160; 1998(1)KarLJ639

to provide these workers with food'.As regards the enforcement of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, their behalf on 4-4-1997. It may be noted that the statement of objection filed was after the Commissioner had filed the enforcement of Contract Labour (Regulation and Abolition) Act, 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 taken to Goa to do the painting work. All those workmen, except one workman whose name I do not remember has blatantviolation of the provisions of the Contract Labour (Abolition and Regulation) Act, 1970 and the Inter-State Workers Act. Still, the statement the enforcement of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, it is stated as hereunder:'Thus it the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as the 'Inter-State Workmen Act'), of the provisions of the Contract Labour (Abolition and Regulation) Act, 1970 and the rules framed thereunder are followed in the Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, it is stated as hereunder:'Thus it will be observed that notice all that was noticed by the Advocate-Commissioner when he visited. After seeing the pathetic condition of the workers, one fails minimum wages. There is no ascertainment as to whether the wages as claimed were paid at all.8. The Deputy Commissioner along have not cared to see that the employer obeys the welfare legislation enacted by the State. It also disclosed how the neat place to cook food. There is no drinking water facilities provided. There are no latrines and urinals. The shed has facilities have also been provided to them.... They have been provided free accommodation in make shift zinc sheet sheds with temporary

Dhanurjaya Putel and anr. Vs. State of Orissa

Court: Orissa

Reported in: 2002(II)OLR412

1979 provides punishment on contravention of provisions regarding employment of Inter-State Migrant Workmen Relevant portion from the Statement of Objects and extentchanges the condition of the salve.''Slavery' is defined as 'the state of entire subjection of one person to the will of provides punishment on contravention of provisions regarding employment of Inter-State Migrant Workmen Relevant portion from the Statement of Objects and Reasons 367, I.P.C. read with Section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in 25 of the Inter-State Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in short 'the Act 1979'). Petitioners action,a slave is defined as : but whose person and servicesare wholly under the control ofanother;'Century Dictionary : a person who done facilitating that purpose or knowing it likely that the act done will tend to subject the victims for such purposes Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in short 'the Act 1979'). Petitioners moved an application in making payment of advance money to the, labourers, i.e. the victims and taking them to another State for employment and realising working hours a day for which, according to the Minimum Wages Act he has to receive a payment of not less for satisfying unnatural lust of any person. The act done facilitating that purpose or knowing it likely that the act done and adjudicate the contention of the parties.4. Section 367, I.P.C. provides for punishment for offence of kidnapping or abducting in order

Public Union for Civil Liberties. Vs. State of Tamil Nadu and ors.

Court: Supreme Court of India

those who are victims of this practice.2. This Court, while interpreting the provision of the Bonded Labour System (Abolition) Act, 1976, continue to submit 6 monthly reports to NHRC.12) All the States / UTs to constitute Vigilance Committee, if not already constituted Act 1948, Contract Labour (Regulation and Abolition) Act 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, the law and has not detained anyone. Report states that workmen are usually recruited to brick kilns by middlemen on payment the Inter- State Migrant Workmen Act, Child Labour (Prohibition and Regulation) Act are also properly and effectively implemented.9) Directions are issued children from West Bangal, Jharkhand and Bihar working under bonded conditions in certain Zari Factories of Kotlamubarakpur Police Station area of 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, The Mines Act 1952 gave various directions including its directions as well as provisions of the BLS (A) Act in all the States and Union Territories vide this Court's Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, The Mines Act 1952 gave various directions including the setting reports to NHRC.12) All the States / UTs to constitute Vigilance Committee, if not already constituted within six months."17. This Court below the minimum wage rate, as prescribed under the Minimum Wages Act.(9) To initiate criminal prosecution against those employers, contractors or taking note of the fact that the Act is a welfare legislation.8) The District Magistrate and the State Government / UTs about the implementation of labour laws and provision of basic facilities, till date that action on the part of the State 25.4.2011 stated that the Ministry of Labour and Employment has provided Rs.494 lakhs as Central Assistance for conducting surveys to the

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)

paid by the contractors directly to the Workers without the intervention of the Jamadars and if any commission has to be 1976, the Employment of Children Act, 1938 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 1938 and Sections 13 to 17 of the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979. We 1938 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 by the contractOrs. We would therefore the Inter-state Migration Workmen (Regulation of Employment and Conditions of Service) Act, 1979 which has already come into force with effect 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 by the concerned authorities for redress in respect of such violations, the petitioners will be at liberty to apply for necessary (Regulation and Abolition) Act 1970, Section 12 of the Minimum Wages Act, Sections 4 and 5 of the Equal Remuneration Act entrusted by the respondents are directed to provide all necessary facilities for the purpose of enabling Shri Walter Fernandes, Shri Alfred all the facilities and conveniences which are required to be provided under the provisions of the Contract Labour (Regulation and Abolition)

Khalid A. Hakim Vs. Assistant Commissioner of Labour, Authority Under ...

Court: Gujarat

Reported in: (2009)3GLR2065

to the petitioner by the A.L.C. Mahabubnagar (State-A.P.) under the Inter-State Migrant Workmen (R.E.C.) Act, (Annexure-B).(9/B) Your Lordship be pleased to on the ground that the applications are not maintainable in State of Andhra Pradesh.8.3. The claimants, on the other hand, would this Court, propriety demands that when the applicants are poor migrant workmen, who according to their claim, have not been paid Gujarat.13. Hence, considering the fact that the claimants are poor workmen who were recruited in the State of Andhra Pradesh and employment or non-employment or the terms of employment or the conditions of labour, of an inter-State migrant workman (hereinafter in this Rule. Mr. Vasavada, Mr. Desai and Mr. Shah have waived service of notice of Rule. At the request and with the situations, it would be, as aforesaid, in propriety that the action may be taken in the Hon'ble High Court of Andhra migrant workmen (within the meaning of the term prescribed in 1979 Act) who came to Surat, State of Gujarat, after being Central Government to any of the authorities referred to in Chapter II of that Act (hereinafter in this Section referred to and 9 as follows:8.2. In Kusum Ingots & Alloys Ltd. v. Union of India, : 2004 (6) SCC 254, a Bench enactments specified in the Schedule (which incidentally include Payment of Wages Act also) - and shall be deemed to be actually or all the expenses incurred by him in providing the facility referred to in Sub-section (1) may be recovered by him or, as the case may be, the facility shall be provided, by the principal employer within such time as may be