Court : Allahabad
Reported in : 2005(1)ESC526
..... scheme sanctioned by the bihar government made the position substantially different so far as bihar was concerned.the problem housing industrial labour has been the subject-matter of some legislative enactments. as regards the workers employed in plantations. the plantations labour act, 1951 (69 of 1951), provides that it shall be duty of every employer to construct and maintain for every worker and his family residing in ..... the plantation necessary housing accommodation subject to the other provisions of the act. housing boards have also been established in different states to tackle the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All309; (1961)IILLJ444All
..... in the explanation to section 25-a tomean a factory as defined in the factories act, 1948, or a mine as defined in the mines act, 1952, or a plantation as defined in the plantations labour act, 1951.it was observed that 'the' explanation while stating what undertakings or enterprises come within the ..... expression 'industrial establishment' did not necessarily lay down the test of one establishment also'. it was eventually held in the abovecase that a factory and a mine together could for purposes of section 25-c of the industrial disputes act ..... be noted diat in other similar enactments, for example, the industrial disputes act, 1947, the industrial establishment has been linked with a factory, mine or plantation. factory has been defined in s. 2(g) of the act to mean any premises, including the precincts thereof, in any part of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All175
..... it is not, therefore, possible for this court to issue a writ of mandamus to the state government to issue a notification exempting sugarcane plantation under clause (vii) of section 6 of the act.36. at the same time i cannot help remarking that, the petitioners have made out a fair case for exemption for their mechanised farm ( ..... sugarcane crop is of specialised character. it is reasonable to suppose that production from a mechanised farm is higher than production in small fields carried out with manual labour. breaking up a large mechanised farm into small portions is liable to result in fall in production. thus, the petitioners' mechanised farm of sugarcane satisfies all the ..... a specific period. they are not permanent tenure-holders. nor are they proprietors of the land. the petitioners' farm is not an 'estate' under u. p. act no. i of 1951 either. since the petitioners' case does not relate to the acquisition of any estate, sub-clause (a) of clause (1) of article 31a does not cover the .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(104)FLR834]; (2005)IILLJ245All
..... civil aviation department of the government of india.(b) dock, wharf or jetty;(c) inland vessel, mechanically propelled;(d) mine, quarry or oil-field,(e) plantation;(f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use transport or sale.(g) establishment in which ..... respondent no. 2 nor was required to give a second show cause notice to the respondent-workman against the proposed punishment before terminating his services. the labour court framed two following additional issues:-1. whether the domestic enquiry conducted by the enquiry officer was fair and proper or not?2. whether before passing ..... the standing orders in respect of its educational society. hence, the model standing orders would not apply automatically. the labour court without verifying the fact as to whether the industrial employment (standing orders) act, 1946 apply to the petitioner establishment or not, taking the statement of ew-1 as gospel truth applied the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All760
..... also, it was necessary to constitute income from forests into agricultural income that the process carried on should entail plantation or that the trees and other things should be the outcome of human agency, or that the human labour and skill should be employed in the matter of planting or growing trees. in the case before us as ..... escaped if he is acting on an information which was already in his possession. it must be an information which was not in his ..... section 34 of the indian income tax act on the basis of information which was already in his possession was laid down by the bombay high court in haji ahmad haji esak and co. v. commissioner of income tax, bombay city : [1951]19itr331(bom) , where it was held: 'the officer cannot act under this section even though assessment has .....
Tag this Judgment!Court : Allahabad
Reported in : [1957]32ITR320(All)
..... court also, it was necessary to constitute income from forests into agricultural; income that the process carried on should entail plantation or that the trees and other things should be the outcome of human agency, or that human labour and skill should be employed in the matter of planting or growing trees. in the case before us, as we ..... . 107-111 of 1949, maharaja sir pateshwari prasad singh v. commissioner of income-tax, u.p., c.p. & berar, which case was decided on the 26th of september, 1951, by a bench consisting of their lordships h. j. kania, c.j., mehr chand mahajan, j., and chandrasekhara iyer, j., and which case does not seem to have been ..... failed to discharge the burden that lay on it, the tribunal committed an error in holding that the proceedings were validly taken under section 34 of the indian income-tax act. those proceedings were not valid and, consequently, the first questions must be answered in favour of the assessee.the second question had been divided into two part : .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ196
..... never have been so soft in his expression and would not have even been agreeable to close it himself when on the prosecution's own showing he had sent for labourers for plantation of paddy inside his field to the south of the high mend of the reservoir wherein there was still very much more water than what was necessary for the ..... the offer part and also the manner in which it was stated to have been made could not be accepted when it was a designed act and when it had the certain consequence of damaging the paddy plantation of the appellants which fact ugrasen tried to suppress by pointing out that there was no paddy in the field wherein the water of ..... sc 216 : 1955 cri lj 572 to make out his point that even if some of the appellants are held to have participated they will be liable for their individual acts in the absence of proof of common intention beyond reasonable doubt.11. we shall first discuss as to what offence can be held to have been made out in the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1547
..... western bank ltd. and ors.- 1984 lab.i.c-1910 and orissa high court in orissa mining corporation limited v. controlling authority under payment of gratuity act, 1972- cum-assistant labour - 1995 (71) f.l.r.-144 held that nomenclature of the post is not of much importance and what is to be seen is the ..... scheme for national fertilizers limited to the effect that the service would include training period in the company, prior to absorption other than act apprentices.22. the joint secretary, government of india, labour ministry, new delhi then issued anr. letter dated 11.12.2002 in respect of employees of fertilizer corporation of india (f.c.i ..... word 'employee' has been defined in section 2(e) of the payment of gratuity act as under :-'2(e) 'employee' means any person (other than an apprentice employed on wages, not exceeding one thousand rupees per mensem, in any establishment, factory, mine, oilfield, plantation, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2952
..... knocking the door of the industrial courts by the respondents making a grievance about adoption of unfair labour practice by the appellants.'9. in the present case, nature of the scheme reflects that petitioners develop gaon sabha land by doing plantation there from money received by state government; and after trees mature , petitioners return back the ..... , in the facts of present case also, carrying out scheme, in no way and manner exempts the petitioner from the provisions of the up. industrial dispute act, 1947 as same is not a part of sovereign function as it is strictly understood. in the facts and circumstances of present case petitioners do not fall ..... been pointed out that services of respondent-workman have been illegally retrenched without following the procedure prescribed under section 6-n of the u.p. industrial disputes act.7. from the respective arguments and the pleadings available on record, the first question which arises for consideration is as to whether in the facts and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All845; [1952]22ITR1(All)
..... did not reject the contention of the applicant that, though the trees were originally of spontaneous growth, the applicant had applied human labour and skill for the regeneration and preservation of the trees growing on the land. the tribunal, however, following the decision in ..... tribunal in the statement of case: vide commissioner of income-tax, west bengal v. calcutta agency, ltd., a. i. r. 1951 s. c. 108. but, in this case, it may be urged that since the tribunal itself made the order of the appellate ..... is some measure of cultivation of the land, some expenditure of skill and labour upon it, it cannot be said to be used for agricultural purposes within the meaning of the income-tax act.' 11. it is quite clear that their lordships were of the view ..... not shown that human labour or effort was utilised in aiding the growth of the trees.14. finally, the learned counsel for the assessee also relied on a decision of the assam high court in jyotirindra narayan v. state of assam. 1951-19 i.t.r .....
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