Court : Chennai
..... while notifying the provisions of welfare officers in the state of tamilnadu, government of tamilnadu has taken permission under section 43(3) of the plantations labour act, 1951 from the government of india and vide this ministry's letter no.s-66012/1/2005-ir(pl) dated 28.02.2005, permission has been granted for inclusion of ..... no rules were framed by the state government for the appointment of welfare officers in plantations wherein 300 or more workers are employed and to frame necessary draft rules for appointment of welfare officers in plantations wherein 300 or more workers are employed by prescribing the duties, qualifications and conditions of service of the welfare officers as per section 18 of the plantations labour act 1951 based on that the state government has addressed to the government of india for approval ..... the rules relating to appointment of welfare officers were incorporated as rules 85 to 90 under chapter viii of the tamil nadu plantations labour rules, 1955. ..... labour and employment have no objection for insertion of chapter viii on welfare officers in the tamil nadu plantation labour rules, 1955 as proposed by the government of tamil nadu and the above order issued with the approval of minister of labour and ..... law of scotland to be.lord mackay thereafter enunciated the afore-quoted test of desuetude for it to permit quasi-repeal.32 .it would be useful to note what has been stated in this regard in the chapter headed repeal and desuetude of statutes by aubrey l. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ20Mad
..... - for the purposes of this sub-clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951)'. ..... m4 dated august 1982 which is the letter of the deputy commissioner of labour madras 6 the office bearers of the different unions show a categorical statement that their demands have been settled except filling up of certain posts. ..... the matter was referred to the labour court, the first respondent herein. ..... in my view, the tests are applied to find out whether an activity carried on in a particular establishment is an 'industry' within the meaning of section 2(j) of the industrial disputes act and the tests cannot be applied to an agricultural activity. ..... even though it is said that the said amendment act 46/82 has not come into force, it throws some light to understand the definition of 'industry'. ..... the learned senior counsel contended that the industrial disputes act is not meant to cover or govern the agricultural ..... in 1981-82 there were agricultural labourers, agricultural field men junior agri- ..... the award of the labour court is just and ..... the deputy commissioner of labour-i, madras held further ..... dispute was raised, the talks held before the labour officer, vellore failed. ..... to them it is stated at the end of the said paragraph that parties agreed to have further discussion on this issue alone in a subsequent meeting to be arranged by the deputy commissioner of labour, madras. in ex. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)ALLMR74; 2006(2)BomCR899; [2005(106)FLR692]; (2005)IIILLJ483Bom; 2005(3)MhLj191
..... 'industrial establishment' is defined in clause (a) of section 25-l thus : '25l(a) 'industrial establishment' means (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951).' 4. ..... issue which requires consideration is as to whether the industrial tribunal was justified in coming to the conclusion that the provisions of chapter v-b of the industrial disputes act, 1947 were attracted and that the permission of the appropriate government was necessary before retrenching the workmen. ..... having said this, the industrial tribunal came to the conclusion that the provisions of chapter v-b of the act were attracted in the case of the petitioner and since, more than 100 persons were employed and no permission had been sought or received from the appropriate government, the retrenchment had to be regarded ..... 2(m) specifically excludes a hotel, there can be no gainsaying the fact that a hotel does not constitute a factory under section 2(m) of the factories act, 1948 and therefore, is not an industrial establishment for the purposes of chapter v-b of the industrial disputes act, 1947. 8. ..... view of the matter, the industrial court was patently in error in holding that the provisions of chapter v-b of the industrial disputes act, 1947 were attracted. 7. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR74; 2007(5)BomCR456; [2007(113)FLR568]; (2007)IIILLJ201Bom; 2007(3)MhLj426
..... the expression 'industrial establishment' is for the purposes of the chapter defined by clause (a) of section 25-l as follows:25l(a) 'industrial establishment' means(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948) (ii) a mine as defined in clause (j) of sub-section (l) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); 5. ..... first and foremost it has been urged that the provisions of chapter vb of the industrial disputes act, 1947 are attracted and that consequently the learned single judge was in error in interfering with the order of the industrial court. ..... the learned single judge held that chapter vb of the industrial disputes act, 1947 was not attracted to the circumstances of the case. ..... for one thing, it has correctly been observed by the learned single judge that the provisions of chapter vb of the industrial disputes act, 1947 were not attracted. ..... in these circumstances, the learned single judge was not in error in coming to the conclusion that the establishment of ritz hotel being a hotel would not fall for classification as a factory under section 2(m) of the factories act, 1948 and as a result would not be an industrial establishment for the purposes of chapter vb of the industrial disputes act, 1947. 7. .....
Tag this Judgment!Court : Chennai
..... (b) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act lxix of 1951); or4.4. ..... the agony of plantation workers (otherwise known as tea garden labours) was sought to be remedied only after india became a republic in the form of plantation labour act, 1951. ..... explanation iii states that 'plantation' as defined under section 2(f) of the plantations labour act is also covered by the said chapter and it was also declared as industrial establishment covered by the chapter. 2.3. ..... (2) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike, which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman.explanation i. ..... the first part refers to interruption of service including service which may be interruption on account of sickness or authorised leave or an accident or a strike which is not illegal or a lockout. ..... under section 2(c), 'continuous service' means uninterrupted service and includes service which is interrupted by sickness, accident, leave, lay-off, strike or a lockout or cessation of work not due to any fault of the employee concerned whether such uninterrupted or interrupted service was rendered before or after commencement of the act. .....
Tag this Judgment!Court : Kerala
Reported in : [2003(96)FLR774]; (2002)IIILLJ1138Ker
..... 25-l defines the industrial establishment, for the purpose of the said chapter, as following:(a) 'industrial establishment' means --(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948);(ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951). ..... respect of claims under section 25-n and 25-o of the industrial disputes act, the company had taken a stand that the cochin unit which had been closed was not an industrial establishment which come under chapter v-b of the industrial disputes act and therefore there was no merit in the contentions so raised.7. ..... for management points out that the issue concerned is a closure of an establishment, and it cannot be any more disputed that after the amendment brought in by act 46/82 effective from 21-08-1984 a closure' means the permanent closing down of a place of employment or part thereof. ..... did not suppress that the activities were being controlled from bombay, and this would not have made an establishment under the shops and commercial establishments act, an establishment coming under chapter v-b of the i.d. ..... as leading to the reference, it appears that a complaint to the labour officer had been filed by the union in respect of shahul hameed on 21-11-1987 and in respect of pareeth on ..... and 25-o appear in chapter v-b of the industrial disputes act. .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC209
..... will apply only to an industrial establishment which has been defined under section 25-l of the said act, which reads as follows :- '25-l definitions - for the purpose of this chapter, (a) 'industrial establishment' means - (i) a factory as defamed in clause(m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, - (i) in relation to any company in which not less ..... relying on section 25-k of the industrial disputes act, the learned counsel has submitted that chapter v-b will apply to an industrial establishment in which not less than 300 workmen are employed. ..... the karta of the family is a believer in the virtues of self-help and manual labour, and he insists that every member of the family should clean his own utensils, wash them and then properly pack them for storage after every meal more than twenty people are engaged in the act of washing and cleaning and thereafter of 'packing'. ..... the labour court in its order dated january 8, 1993 found that the management complied with rule 62 of the rules and also section 25-f of the said act, that the management has not complied with the requirement under section 25-n of the said act, that the workers mentioned in nos. .....
Tag this Judgment!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)
..... 24 of plantation labour act, 1951:no child who has not completed his twelfth year shall be required or allowed to work in any plantation. ..... been pointed out by myron weiner (at page 4 of 1991 edition) of his book 'the child and the state in india' that india is a significant exception to the global trend toward the removal of children from the labour force and the establishment of compulsory, universal primary school education, as many countries of africa like zambia, ghana ivory coast, libya, zambia, zimbabwe, with income levels lower than india, have done better in these ..... after all, the aforementioned constitutional provisions have to be implemented by the appropriate government, which expression has been defined in section 2(i) of the act to mean, in relation to establishment under the control of the central government or a railway administration or a major port of a mine or oilfield, the central government, and in all other cases, the state ..... suo moto cognizance was taken in the present case itself when news about an unfortunate accident', in one of the sivakasi cracker factories was published. ..... reviewed the working conditions and measures taken to mitigate the sufferings of the child labour and has made various recommendations in chapter xi of its report. ..... has been dealt in chapter ii. ..... chapter iii of the report contains the conclusions, of which what has been stated in ..... submitted its report on 29.12.79 and made various recommendations which are contained in chapter v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009
..... kinds of industries were roped in for the purpose of the rigour of the law provided in chapter vb by defining 'industrial establishment' in clause (a) section 25l to mean :-(i) a factory as defined in clause (m) of section 2 of the factories act, 1948; (ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952; or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951.16. ..... (6) notwithstanding anything contained in sub-section (1) and sub-section (3), the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) or sub-section (3) shall not apply in relation to such undertaking for such period as may be specified in ..... postulates that there may be a sudden closure of an undertaking due to some exceptional circumstances as accident in the undertaking or death of the employer or the like. ..... part iii of the constitution, irrespective of whether they are pre-existing or new rights, is placed beyond any doubt or question by the very emphatic language of article 31-b which declares that none of the provisions of the specified acts shall be deemed to be void or ever to have become void on the ground of the alleged violation of the rights :....in contrast to the language of article 31c which merely uses the phrase 'shall be deemed to be void' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC56; (1960)ILLJ1SC; [1960]1SCR703
..... section and in sections 25c, 25d and 25e, 'industrial establishment' means - (i) a factory as defined in clause (m) of section 2 of the factories act, 1948; or (ii) a mine as defined in clause (j) of section 2 of the mines act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951.' 15. ..... 2 of the plantations labour act, 1951; but it cannot be a combination of any two of the aforesaid categories; therefore, a factory and a mine together, as in the ..... in our view, the true scope and effect of the explanation is that it explains what categories, factory, mine or plantation, come within the meaning of the expression 'industrial establishment'; it does not deal with the question as to what constitutes one establishment and lays down ..... sub-section (1) of that section, in substance, lays down that during the pendency of any conciliation proceedings or of any proceeding before a labour court or tribunal in respect of any industrial dispute, no employer shall alter the conditions of service to the prejudice of workmen or punish any workmen, save with the permission in writing of the authority ..... to the scheme and object of lay-off compensation and the disqualifications therefore as envisaged by the relevant provisions in chapter va of the act. ..... to the authorities under the mines act regarding the quarries for working faces and other accidents etc. ..... that chapter was inserted by the industrial disputes (amendment) act, 1953 (43 of 1953), which came .....
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