Court : Kerala
Reported in : [1984]56CompCas284(Ker)
..... evidence is not sufficiently persuasive to hold that the petitioners have made out a case on this ground. the company came into existence in 1910. rubber plantation began in 1912. there is evidence to show that the rubber board recommended replanting the estate in 1960 with better plants. slaughter-tapping started somewhere in ..... company met this allegation with the plea that sale was necessary and an advertisement was not taken out informing the sale to the public to avoid unnecessary labour agitations. the property sold was not fully planted and was in part rocky. pw-2 at all relevant times was actively participating in the negotiations for ..... they have to be exercised with utmost restraint. in this case, we have the spectacle of two disgruntled directors who had themselves been participants in the various acts 'of mismanagement alleged figuring with injured innocence as complainants before the court. this circumstance itself to a large extent demolishes the bona fides of the allegations .....
Tag this Judgment!Court : Kerala
Reported in : (1979)ILLJ211Ker
..... true scope and effect of the decision in hariprasad's case which clearly lays down that retrenchment as defined in section 2(oo) of the act means only the discharge of surplus labour or staff by the employer for any reason whatsoever. we must accordingly hold that l. krishnan v. southern railway 1972-ii l.l.j. ..... administration contended that it is well-established by the rulings of the supreme court that the expression 'retrenchment' occurring in section 25f of the act connotes only discharge of surplus labour or staff by the employer and that unless the termination of service of the workman concerned is one effected on the ground of surplusage it ..... with the law as it stood on 21-3-1951 when the workmen were discharged. it was also contended before the supreme court on behalf of the workmen that even prior to the enactment of the amending act--act 43 of 1953--the industrial tribunal and the labour appellate tribunal had generally acted on the view that 'retrenchment' included discharge .....
Tag this Judgment!Court : Kerala
Reported in : (1993)ILLJ1066Ker
..... out of enforcement of legal provision or it may be compulsion from hunger, poverty, want and destitution. the supreme court while deprecating the practice of contractors engaging labourers for 'asiad projects' at wages or for remuneration which is less than minimum wages held that the practice is highly obnoxious and offends human dignity and is ..... engineering college, trichur prays for the issuance of a writ of certiorari to quash ext. p1 order passed by the 19th respondent, the deputy labour commissioner, trichur, the appellate authority under the minimum wages act, 1948 in m.w.a. 13 of 1989. m.w.a. 13 of 1989 on the file of the 19th respondent herein was ..... than the minimum wages amounts to forced labour prohibited by article 23 of the constitution of india. hence we have no hesitation in holding that respondents 1 to 18 are entitled to the minimum wages as fixed by the notification issued by the state government under the minimum wages act from the petitioner. perhaps petitioner may have .....
Tag this Judgment!Court : Kerala
Reported in : (1993)IILLJ213Ker
..... out of enforcement of legal provision or it may be compulsion from hunger, poverty, want and destitution. the supreme court while deprecating the practice of contractors engaging labourers for 'asiad projects' at wages or for remuneration which is less than minimum wages held that the practice is highly obnoxious land offends human dignity and is ..... engineering college, trichur prays for the issuance of a writ of certiorari to quash ext. p1 order passed by the 19th respondent, the deputy labour commissioner, thrichur, the appellate authority under the minimum wages act, 1948 in m.w.a. 13 of 1989. m.w.a. 13 of 1989 on the file of the 19th respondent herein was ..... than the minimum wages amounts to forced labour prohibited by article 23 of the constitution of india. hence we have no hesitation in holding that respondents 1 to 18 are entitled to the minimum wages as fixed by the notification issued by the state government under the minimum wages act from the petitioner. perhaps petitioner may .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... of last resort if it does not involve any investigation or re-trial on facts. (yeswant deorao deshmukh v. walchand ramchand kottari : air 1951 sc 16). any finding which is not supported by the evidence brought on record or which is against the law or which suffers from the ..... 109 (gauhati) - kumbakonam milk supply co-operative society v. esic : 2003 iii llj 416 (mad). the act is a beneficial piece of social legislation in the interest of labour in factories and other establishments to which the act applies.ii. inspection report1. organo chemical industries v. union of india and ors. : air 1979 sc 1803 ..... , 1975 asengaged in any of the sro. no. 288/75.manufacturing processes specifiedin clause (12) of section 2 of theemployees' state insurance act,1948 (central act 94 of1948).-------------------------------------------------------------------------3. the following establishments whole of the state of kerala wherewherein 20 or more persons are the benefit provisions of chapteremployed or were .....
Tag this Judgment!Court : Kerala
Reported in : (1984)ILLJ259Ker
..... it is not accurate and that to adopt it would be to include a number of employments, which are in no sense employment by way of manual labour.in re national insurance act, re lithographic artists, re engravers (1913) 108 lt 894, it was held that just as an artist who paints an original picture, a lithographer ..... any assistance in resolving the present controversy.23. the only decision which dealt with the question whether teachers are workmen under section 2(s), industrial disputes act, appears to be that of the labour appellate tribunal of india reported in nellimarla jute mills company ltd. v. staff union, nellimarla jute mills (supra). the tribunal, on a discussion ..... by an advertising concern to draw pictures as per the idea or picture visualised by the chief artist will be a workman under the industrial disputes act, it was observed by the labour appellate tribunal of india, in advertising corporation of india v. barendra chandra nag 1955-ii l.l.j. 448, as follows:the assistant artists .....
Tag this Judgment!Court : Kerala
Reported in : 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951
..... of 1995, since accidents occurred prior to september 15, 1995.30. m.f.a.no.134 of 1990 is filed by the insurance company against the order of the deputy labour commissioner, kozhikode in w.c. no. 52 of 1988. the claimant, first respondent, while working as driver of the bus 9392, met with an accident on august 20, 1986 ..... dictum laid down by the supreme court which is extracted below:'we are finally determining the rights of the workmen today, the act is a special legislation for the benefit of labour. keeping in view the scheme of the act we are of the view that the only interpretation which can be given to the amendment is that if any benefit is ..... is that every statute is prima facie prospective unless it is expressly or by necessary implication made to have retrospective effect: see keshavan madhava menon v. state of bombay air 1951 sc 128: mahadeolal v. administrator general of w.b. air 1960 sc 939; state of bombay v. vishnu ramchandra, air 1961 sc 307; mithilesh kumari and anr. v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker250; (1963)IILLJ218Ker
..... be seriously contended that a temple or a church is an 'industry', because human wants are satisfied in such an institution, and there might well be an organisation of labour, such as priests, or archakas. a meditation centre, similarly, can-not be termed as 'industry', though it may employ workmen; the same remarks would apply to any ..... of these principles'.but as i mentioned earlier it is not really necessary for me to go further into that aspect.43. section 24 of the travancore-cochin hindu religious institutions act consists of two-parts. in the first part of section ..... the meaning of the act. equally, individual units of the organization (like a distinct dairy farm) might constitute an 'industry' though the society itself may not be. we can only enunciate the broad guiding principles. the actual decision will have to be arrived at only after the record of adequate evidence, by the labour court in the light .....
Tag this Judgment!Court : Kerala
Reported in : (1974)IILLJ212Ker
..... the daily-rated as well as monthly-rated employees in all branches, except idikki, is to be extended to the employees of idikki works also .shri s. gopalan, labour commissioner was chosen as the arbitrator by the parties. his award in pursuance of ext. p6 reference is ext. p1 in this case, which is dated 2-5-1973 ..... workmen at idikki got the benefit of the minimum wages notification, also with effect from 22-12-1970. another point taken was that the arbitrator (2nd. respondent) acted beyond jurisdiction and perversely in holding that the payment of interim relief to idikki employees was left open by ext. p2 settlement. it was also submitted that the ..... relief with immediate effect. this dispute between the management and the employee was ultimately agreed to be referred to arbitration under section 10a of the industrial disputes act, 1947 (for short, the act). as required by that section they reduced the arbitration agreement to writing. ext. p6 is that agreement, and is dated 5-2-1973. the .....
Tag this Judgment!Court : Kerala
Reported in : I(2006)ACC783; 2006ACJ793; [2005(107)FLR702]; 2005(3)KLT1014
..... under section 8(1). even for such cases, failure to register the agreement is fatal in view of section 29. in kathleen bias v. h.m. coria & sons (1951 (2) llj 192) calcutta high court held that if an employer pays the dependent's ex gratia under an agreement which is not registered under section 28, he is ..... is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business'. the above specific exclusion was deleted only by act 45 of 2000 with effect from 8.12.2000. casual employment is employment necessitated by chance or on special circumstances in contradistinction to permanent or regular employment. even ..... (2) llj 52), doctrine of contributory negligence has no place in workmen's compensation claim. proviso (b) to section 3(1) of the workmen's compensation act, 1923 (in short 'the act') clearly provides as follows:'3. employer's liability for compensation.--(1)if personal injury is caused to a workman by accident arising out of and in the course .....
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