Court : Jharkhand
Reported in : [2003(2)JCR122(Jhr)]
..... is the predominant one. explanation-for the purposes of this sub-clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in ci. (f) of section 2 of the plantations labour act, 1951 (69 of 1951); or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed ..... , tribunals and national tribunals can grant appropriate relief in case of discharge or dismissal of workmen. under section 11-a of the i.d. act, the labour courts, tribunals or national tribunals in course of adjudication of proceedings, if satisfied that the order of discharge or dismissal is not justified, it ..... activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the dock labour board established under section 5-a of the dock workers (regulation of employment) act, 1948 (9 of 1948); (b) any activity relating to the promotion of sales or business or both carried on by an .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR647(Jhr)]
..... the predominant one. explanation.--for the purposes of this sub-clause, 'agricultural operation' does not include and activity carried on in a plantation as defined in clause (f) of section 2 of the planations labour act, 1951; or (2) hospital or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed ..... the petitioner in the schedule of 'controlled industry' and that none of its functions are covered under schedule 1 of the industries (development and regulation) act, 1951 and therefore also, the central government can not be treated to be the appropriate government in so far as the petitioner is concerned.3. the petitioners ..... activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948); (b) any activity relating to the promotion of sale or business or both carried on by an .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(117)FLR878]
..... v. lalitha padugady and ors. : air1996sc580 (ii) central coalfields ltd. v. union of india and ors. : (1998)iiillj715sc (iii) commissioner, tiruvarur municipality v. deputy commissioner of labour 1995 lab i.c. 2323(iv) ahmedabad private primary teachers association v. administrative officer and ors. : (2004)illj596sc (v) m.c. chamaraju v. hind nippon rural industrial ( ..... january, 2002 till the payment to the respondent no. 4.(vii) being aggrieved by the aforesaid order, the appellant preferred an appeal before the commissioner, labour and. training, the 2nd respondent in p.g. appeal no. 12 of 2002.(viii) after hearing the counsel for the parties, the appellate authority by ..... word 'employee' which has been defined under section 2(e) of the payment of gratuity act is as follows:2(e) 'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR530(Jhr)]
..... v. lalitba padugady and ors. : air1996sc580 .(ii) central coalfields ltd. v. union of india and ors. : (1998)iiillj715sc .(iii) commissioner, tiruvarur municipality v. deputy commissioner of labour 1995 lab. i.c. 2323.(iv) ahmedabad private primary teachers association v. administrative officer and ors. : (2004)illj596sc .(v) m.c. chamaraju v. hind nippon rural industrial ( ..... january, 2002 till the payment to the respondent no. 4.(vii) being aggrieved by the aforesaid order, the appellant preferred an appeal before the commissioner, labour and training, the 2nd respondent in p.g. appeal no. 12 of 2002.(viii) after holding the counsel for the parties, the appellate authority by ..... word 'employee' which has been defined under section 2(e) of the payment of gratuity act is as follows:2(e) 'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(116)FLR122]; [2007(4)JCR605(Jhr)]; (2008)ILLJ951Jhar
..... in the court of competent jurisdiction against the accused persons named in the complaint petition for the offence under section 9(2) of the act, but he has also been appointed as labour enforcement officer (central), dhanbad-i and by virtue of said position, he is the controlling authority for the area covering, jurisdiction over the ..... the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other ..... he too is made liable for the offences.14. section 2(f) of the act defines the term 'employer. definition under section 2(f)(iii) which relates to the mines, reads as follows.employer means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop. the person, who, or the authority which, has .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(101)FLR458]; [2004(1)JCR472(Jhr)]; (2004)IILLJ927Jhar
..... vexatious claims. - (1) the state government may, by notification in the official gazette, appoint [a presiding officer of any labour court or industrial tribunal constituted under the industrial disputes act, 1947, or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or] any ..... of persons employed therein and other relevant circumstances, specify, by notification in the official gazette;]10. from bare perusal of section 1(4) of the act, it is manifest that it applies to a factory, railway, railway administration etc. and to the persons employed in an industrial or other establishment specified in ..... reading of clause (ii) of section 2 of the act and clauses (a) to (g), it appears that the same talks about the tramway, air services, motor transport services or transport services, doc, wharf or jetty, inland vessel, mine, quarry, or oil field, plantation, workshop or other establishment in which articles are produced .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(96)FLR717]; (2003)IILLJ309Jhar
..... benefits under section 15(2) of the payment of wages act. learned counsel further submitted that the labour court has committed serious illegality in so far as he entertained the claim of the petitioner regarding medical facility, transport facility etc. when ..... reinstated in service but he was not paid consequential benefits including arrears of salary. petitioner thereafter filed two claini applications under the payment of wages act, 1936 before the presiding officer, labour court, jamshedpur which was registered as pw case no. 8/78 and pw case no. 8/79. the claim of the petitioner was ..... sinha learned senior counsel appearing on behalf of respondent tisco on the other hand firstly submitted that the application filed before the labour court under section 33c(2) of the i.d. act was itself barred by the principles of res judicata in view of the fact that petitioner had earlier filed application for the same .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]
..... for such urban area or part thereof no declaration under this section shall he made.] (xiii) in the patna municipal corporation act, 1951 similar amendment was made by the state of bihar vide act 1 of 1995 and sub-section (va) 'industrial township' (meaning) was inserted in section 4 (definitions section), as quoted ..... . the company maintains five big parks, seventeen small parks and number of islands and verges for beautification of the town. regular programmes for tree plantation are carried out in all residential and non-residential areas. jamshedpur has highest green cover amongst the urban areas. over 10,00,000 tree saplings ..... state of bihar, namely, (i) bihar & orissa municipal corporation act, 1922 (b. & o. act 7 of 1922); (ii) patna municipal corporation act, 1951 (bihar act 13 of 1952) & (iii) the bihar municipal corporation act, 1978 (bihar act 12 of 1978). after 'constitution (seventy-fourth amendment) act, 1992', the state of bihar made certain amendments in bihar & orissa .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004(2)BLJR1611; [2004(4)JCR1(Jhr)]
..... had transferred an extent of 2,000 acres to one boddam for the purpose of a tea plantation. 700 acres were said to be in possession of the cultivators who were subsequently recognized as a raiyats under the land reforms act. there was also a sanatorium in the hill. an attempt to establish a piggery by boddam ..... and its consequences.47. arguments were attempted based on the agreement entered into under the indian forests act and acts done by the forests authorities. the agreement ext. 9 dated 17.11.1951, after the coming into force of the land reforms act on 25.9.1950, but before the issuance of the notification, ext. ki dated 2.5. ..... the government to dispose of the property only for market value or as envisaged by the act. obviously, the intention behind the abolition of zamindari and the take over of estates and intermediary rights was the distribution of land among agricultural labourers, village artisans and marginal farmers and the alleged executive power could not be exercised to .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR37(Jhr)]
..... the supreme court noticed the exception to article 301, operation of which was judicially crafted. in that case, the challenge was to the rajasthan motor vehicles registration act, 1951, but challenge under article 301 was rejected by the constitution bench of 7-judges, holding that 'the taxes are compensatory taxes which instead of hindering trade, ..... exercise of the taxing power. the preliminary purpose of a taxing statute is the collection of revenue. on the other hand, regulation extends to administrative acts, which produces regulative effects on trade and commerce. there is a working test to decide whether the law impugned is the result of the exercise ..... at serial no. 13. therefore, the notification, issued by the commissioner, commercial taxes-cum-secretary, jharkhand, being against item 13 of the schedule of the act, 1993, the imposition of the entry tax on 'imported coal' is invalid and beyond the competence and jurisdiction. the commissioner, commercial taxes, cannot impose entry .....
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