Inter State Migrant Workmen Regulation Of And Conditions Of Service Act 1979 Section 13 Wage Rates And Other Conditions Of Service Of Inter State Migrant Workmen - Judgment Search Results

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

Court: Mumbai Goa

Diebold, for short) was entrusted with turn key execution of interior furnishing works of the proposed branch at Vasco. Clause 6 or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer 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 had committed certain breaches. It is alleged that inter-state migrant workmen numbering 23 were employed on 28/12/2011 without obtaining the registration 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 or occupation is carried on.? (b) Section 2(1)(e) of the Act defines 'inter-state migrant workman' as under : "2(1)(e).- Inter-State migrant Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 ('the Act' for short). It is alleged that Shri K. without obtaining the registration and, therefore, there is violation of Section 4(1) of the Act. It is further alleged that the Act or Rules 48 and 55(1) (i) of the Rules. 13. In view of the above, the complaint filed by respondent (I).- Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Act. It is further alleged that the notices showing rates of wages, hours of work, wage period, dates of payment

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)

What should be the conceivable framework of procedure in public interest litigation This question does not admit of a clear cut term but were merely forced to provide labour, should the State Government not accept liability for freeing and rehabilitating them, particularly the applicability of the Mines Act 1952 and the Inter-State Migrant Workmen Act, the State of Haryana would be under an taken, they were short lived. The result was that the workmen working in most of these stone quarries had to remain 1952 and the Mines Rules, 1955 and other Rules and Regulations made under that Act and to ensure that the rights the provisions of Inter-Slate Migrant Workman (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as the Inter-State his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, contemporary social forces, and a judicious mix of restraint and activism determined by the dictates of existing realities. Importantly, at the where the Central legislation of Inter State Migrant Workmens Act 1979 is being most flagrantly violated it is here in these without any qualification, it would appear that barring the excepted sections, the previsions of Mines Act 1952 would not apply to of any of the obligations set out in Clauses 11, 13, 14 and 15 by the mine lessees and stone crusher of the workmen.27. Turning to the provisions of the Minimum Wages Act 1948, there can be no doubt and indeed this workmen. Section 13 then proceeds to lay down the wage rates, holidays, hours of work and other conditions of service of

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

and wages are paid directly to the workmen without the intervention of khatedars and free from any deductions whatsoever, except those view to eliminating abuses to which workmen recruited from one State and taken for work to another State were subjected by migrant workmen against their exploitation and hence the Inter State Migrant Workmen Act was enacted. This Act received the assent of that weekly paid off days are not given to the workmen, meaning thereby that the workmen are required to work even averred in its affidavit in reply that its officers are regularly carrying out inspections and it has given various dates on who have come from other States; (iii) what are the conditions in which the workers arc living; and (iv) whether the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. So far as the Inter State Migrant Workmen middleman. Moreover, Section 21 Sub-section (2) of the Contract Labour Act requires that every principal employer shall nominate a representative duly Migrant Workmen (Regulation of Employment and Conditions of Service Act, 1979 (hereinafter referred to as the Inter State Migrant Workmen Act) wagers' or sub-contractors have provided the facilities set out in Sections 16 to 21 read with Rules 41 to 62 not October, 1980, the provisions contained in Section 12 and Sections 13 to 16 became clearly applicable to the establishments pertaining to on no account can any deductions be made from such wages and they must be paid to the workmen directly without Act. Now there can be no doubt that the minimum rates of wages fixed by the Central Government include the element

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)

forced to give with-out receiving any remuneration for it, the interdict of Article 23 is limited only to those forms of Article 23 is not limited in its application against the State but it prohibits 'traffic in human beings and begar and that so far as the rights and benefits conferred upon migrant workmen under the provisions of Section 13 to 16 of the Union Territory of Delhi in so far as migrant workmen employed in these projects were concerned. There can be, no it would have gone a long way towards ameliorating their conditions of work and ensuring them a decent living with basic there is no equality of bargaining power, a contract of service may appear on its face voluntary but it may, in Conditions of Service) Act 1979. In the case of this Act also, Sections 17 and 18 make the principal employer liable Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 and this is also in our opinion a com-plaint relating What civil and political rights are these poor and deprived sections of humanity going to enforce This was brought out forcibly benefits conferred upon migrant workmen under the provisions of Section 13 to 16 of the Act are concerned, the responsibility for labour or service to another for less than the minimum wage, when he knows that under the law he is entitled

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

Court: Supreme Court of India

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

Corporation Limited had confirmed payment of displacement allowance to the inter-State migrant workmen but the other two major contractors, namely, Hindustan to state that it is clear from the documents and statements produced by the National Hydro Electric Power Corporation that these Iabout Commissioner, Jammu showed that the provisions of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 the Management and are open for every body whether a workmen or an officer of the project. Kulbhushan Raina also thereafter wager at double the rate of ordinary wages were being regularly paid by the contractors and the sub-contractors or piece wagers provisions of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 (hereinafter referred to as Inter-State Migrant the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 (hereinafter referred to as Inter-State Migrant Workmen Act) wagers to whom the provisions of the Inter-State Migrant Workmen Act were attracted had also applied for licence Under-Section 8 of provided under Section 16 of the Inter-State Migrant Workmen Act, 1979 are provided to the Contract/Inter-State Migrant Workmen as already instructed of his recruitment and the journey fare in accordance with Section 14 & 15 of the Inter-State Migrant Workmen Act, 1979.The to provide to the workmen compulsory weekly off day with wages. The annexures to the letter gave particulars of the Oriya workmen categories also at projects where the food on subsidised rates on non profit no loss basis and a full breakfast

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

Court: Karnataka

Reported in: ILR1998KAR1160; 1998(1)KarLJ639

fend for himself. The enactments are intended to safeguard the interest of the workers and not to adjudicate any intricate question conform to the requirement of law. For that purpose, the State shall issue directives to all the Heads of the District clearly these workers come within the ambit of the Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979. these workers with food'.As regards the enforcement of Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, it blatantviolation of the provisions of the Contract Labour (Abolition and Regulation) Act, 1970 and the Inter-State Workers Act. Still, the statement workmen under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as the 'Inter-State the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as the 'Inter-State Workmen Act'), following the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'The Contract Labour Act'), that Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as the 'Inter-State Workmen Act'), that the Labour (Regulation and Abolition) Act, 1970. He has thus violated Section 12 of that Act. The maistry has brought the workers these workers received advance and work thereafter setting off the wages towards the advance. In the report of the Commissioner, it

Dhanurjaya Putel and anr. Vs. State of Orissa

Court: Orissa

Reported in: 2002(II)OLR412

of cognizance under Section 367, I.P.C. is liable to be interfered with at its threshold of the criminal proceeding. Therefore, the the petitioners in inducing and abducting the labourers outside the State for exploitation with no right and liberty amounts to slavery Section 367, I.P.C. read with Section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 367, I.P.C. read with Section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in upon the absolute control modifies and to that extentchanges the condition of the salve.''Slavery' is defined as 'the state of entire the Inter-State Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in short 'the Act 1979'). Petitioners moved an hours a day for which, according to the Minimum Wages Act he has to receive a payment of not less than Migrant Workmen (Regulation of Employment and Condition of Services) Act, 1979 (in short 'the Act 1979'). Petitioners moved an application in charge for the offence under Section 367 is not necessary. Section 25 of the Act 1979 provides punishment on contravention of day and what could have been the proper or adequate wage for that amount of labour. On the face of the

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

Court: Supreme Court of India

that the Minimum Wages Act, the Workmen Compensation Act, the Inter- State Migrant Workmen Act, Child Labour (Prohibition and Regulation) Act and the rehabilitation of persons suffering from lathyrites within the State of Madhya Pradesh."3. All the State Governments should issue directions Minimum Wages Act, the Workmen Compensation Act, the Inter- State Migrant Workmen Act, Child Labour (Prohibition and Regulation) Act are also Wages Act, the Workmen Compensation Act, the Inter- State Migrant Workmen Act, Child Labour (Prohibition and Regulation) Act are also properly the Inter- State Migrant Workmen Act, Child Labour (Prohibition and Regulation) Act are also properly and effectively implemented.9) Directions are issued the visit [i.e.30.06.09 to 5.07.09] were living and working under conditions of debt bondage." Pursuant to the report "even though the 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, The Mines Act 1952 gave various directions including State/UT?c) Whether the Vigilance Committee for the implementation of the Act has been constituted in all the districts in the States/UTs?10. Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, The Mines Act 1952 gave various directions including the setting of Rs.20,000.7) The District Magistrates are directed to effectively implement Sections 10, 11 and 12 of the Act and we expect (cases of ) bonded labourers identified were dropped leaving only 13,886 bonded labourers;….. in Malkangiri district (which falls in the KBK employers, contractors or their agents who make part payment of wages by way of Khesri dal which is known to cause adequate monetary compensation by paying wages below the minimum wage rate, as prescribed under the Minimum Wages Act.(9) To initiate criminal

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)

as desired by us. If these three persons want to interview any of the workmen separately and independently, the contractors will Act 1938 and Sections 13 to 17 of 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 Migration Workmen (Regulation of Employment and Conditions of Service) Act, 1979 by the contractors engaged in the the Inter-State Migration Workmen (Regulation of Employment and Conditions of Service) Act, 1979 by the contractors engaged in the construction work 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 therefore request Shri Walter Fernandes 21 of the Contract Labour (Regulation and Abolition) Act 1970, Section 12 of the Minimum Wages Act, Sections 4 and 5 3 of the Employment of Children Act 1938 and Sections 13 to 17 of the Inter-state Migrant Workmen (Regulation of Employment Development Authority are also directed to ensure that the minimum wage is paid by the contractors directly to the Workers without

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

Court: Gujarat

Reported in: (2009)3GLR2065

Pradesh. This Court would rather not exercise the jurisdiction to interject the proceedings which are pending before the authorities within the of Section 2, by the licensing officer appointed by the State Government who has jurisdiction in relation to the area wherein from the perusal of the said Section 22, if the migrant workmen have migrated back to their home-State or the State account and given due weightage viz., the claimants are migrant workmen (within the meaning of the term prescribed in 1979 Act) provisions under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (hereinafter referred to as '1979 Act') the following aspects may be required to be considered:(a) whether service of the impugned order or notice is an integral part of the amendment was that the accrual of cause of action was made an additional ground to confer jurisdiction on a alleging violation of Sections 8, 12, 17 etc., of the 1979 Act. The petitioner claims that it has submitted reply to account the definition of term 'recruitment' which is defined under Section 2(h) which reads thus:'recruitment' includes entering into any agreement or be mentioned that after having received the said notice dated 13-9-2007, present petitioner has submitted its reply dated 17-10-2007 opposing the they were, as alleged by them, not completely paid their wages for the period during which they were recruited and engaged