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Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 10 medical facilities Court: kerala Page 7 of about 217 results (0.079 seconds)

Feb 26 2015 (HC)

R.Chandramohan Nair Vs. State of Kerala

Court : Kerala

..... is submitted that the said commission has no power or jurisdiction to settle the disputes regarding title and possession of landed properties. the offers made by suryanelli plantation through their brochure, advertisement, etc. are not disclosed in the sale deeds executed in favour of some of the allottees. the order of the commission ..... the definition of "declaration" under section 3(k) hereinbelow: "(k) "declaration" means the instrument by which a property is submitted to the provisions of this act as hereinafter provided and such declaration as lawfully amended from time to time." section 3(p) gives the definition of "limited common areas and facilities" which we ..... claims of agreement holders have not been raised before the land acquisition officer and they did not participate in the enquiry under section 9(3) of the act. therefore, such claims cannot be considered by the reference court. there cannot therefore be any adjudication of inter-se dispute between them and the appellants. .....

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Nov 24 1959 (HC)

Narayanan Namboodiripad Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1960)ILLJ619Ker

..... certiorari to quash a reference, made by the respondent 1- the state of kerala-under section 10(1)(c) of the industrial disputes act, 1947, hereafter to be referred to as the act, to the respondent 2, the labour court, at kozhikode-for a decision of the questionwhether the dismissal of 23 workmen by the management of anangamala estate was proper and justified ..... various kinds had been planted thereon, including 10 area under coffee plantation. a dispute seems to have arisen between the petitioner and the 23 workmen, who were represented by anangamala coffee estate thozhilali union, and the reference was made, an if it constituted an industrial dispute within the meaning of the act. the petitioner's contentions appear to be, that he is .....

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Jan 13 1982 (HC)

Thiruvangadi Service Co-op. Bank Ltd. Vs. Dist. Labour Officer

Court : Kerala

Reported in : (1982)ILLJ430Ker

..... 351/1971 was also dismissed by judgment dated 10-2-1972. since the amount payable to the employee had not been paid he approached the labour court under section 33c(2) of the industrial disputes act for computation of the amounts payable to him. the was computed by the court by its order dated 1-7-1976. in the meantime, ..... by the employer on 25-9-1965 on the basis of certain charges of misconduct. the dispute which arose as a result of the dismissal was referred to the labour court, quilon. an award was passed by the court on 14-1-1969 directing reinstatement of the employee and payment of his backwages. the award was challenged by ..... 6 was presented within time is not any longer challenged by the employer.3 the act provides for payment of gratuity to the employees in factories plantations and other establishments in the state. the establishment of the employer admittedly comes within the scope of the act. section 4 provides:payment of gratuity.-(1) gratuity shall be payable to an employee .....

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Oct 01 2015 (HC)

Kerala Forest Research Institute represented by its Registrar Vs. DR. ...

Court : Kerala

..... shall be pay as defined in rule 2.xxii and dearness allowance. 20. the 1972 act has been enacted by the parliament to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto ..... is an exception to the main section under which gratuity is payable to the employee. in all welfare legislations, the amount payable to the employees or labourers is fixed at the minimum rate and there will not be any prohibition for the employer to give better perquisites or amounts than what is fixed under law ..... contemplated by the statute. it is well settled and needs no restatement at our hands that labour and welfare legislation have to be broadly and liberally construed having due regard to the directive principles of state policy. the act with which we are concerned for the present is undoubtedly one such welfare oriented legislation meant .....

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Jan 06 2015 (HC)

P.Geetha Vs. The Kerala Livestock Development Board

Court : Kerala

..... after the child-birth and to provide maternity benefit and certain other benefits.36. in terms of section 2 of the act, it applies, in the first instance, to every establishment being a factory, mine or plantation; to every shop or establishment within the meaning of any law for the time being in force in relation to ..... discussion on issue no.3 below. wpc2068014 26 in re: issue no.2: international law vis-`-vis municipal law:43. if we examine convention no.183 of international labour organisation, to which india is a signatory, by way of revision of the maternity protection convention (revised), 1952, the general conference of the ilo issued guidelines in ..... until the child attains the age of fifteen months." 41. during the post-natal period, we may observe, apart from having leave for the purpose of convalescing from the labour related health deficiencies, the mother can also have nursing breaks, which are of short duration. any provision, analogous to rule 3-a of madras port trust (leave) .....

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Oct 25 1960 (HC)

Nilgiris Tea Estates, Ltd. Vs. Workmen of Stagbrook Estate and ors.

Court : Kerala

Reported in : (1961)IILLJ573Ker

..... retrenchment compensation but only for gratuity. so far as the claim for gratuity itself is concerned, the petitioner further states that in the plantation industry there has been no custom or practice of paying gratuity to the workers and that it is a question which is being considered by the tripartite ..... incase the sale is completed, it has been arranged that the purchaser shall take over into the purchaser's service and continue the employment of all the labourers (including kanganies) and shall perform and discharge all liabilities and obligations relating to their employment including their employment under the vendor company. the workers also were ..... along and right through, the workers have been claiming from the vendor company only what could be retrenchment compensation payable under section 25f of the industrial disputes act, which is the relevant provision of law applicable on the material date.4. the circumstances under which this award came to be passed can be mentioned briefly .....

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Sep 16 1974 (HC)

M.M. Joseph Vs. the State of Kerala and ors.

Court : Kerala

Reported in : AIR1975Ker103

..... add that the correctness of the decision is also challenged by the respondent in the light of the pronouncements of the supreme court in balmadies plantations ltd. v. the state of tamil nadu, air 1972 sc 2240 and state of kerala v. the gwalior rayon silk mfg. (wvg.) ..... co. ltd. etc. (air 1973 sc 2734). but this question does not arise for the act has become immune from challenge by its inclusion in the ninth schedule to the constitution. we dismiss this petition. there will no order as to ..... indicating that there can be 'kudikidappu' inside a municipal area. it is therefore idle to contend that the act will not apply to municipal areas. the act having been included in the ninth schedule to the constitution its validity cannot now be questioned on the ground ..... non-agricultural lands in a municipality and confer kudikidappu rights on persons other than agricultural labourers and villages artisans are invalid, cannot stand. i dismiss the original petition. .....

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Feb 01 1982 (HC)

Bhargavan Nair Vs. Kolappan Asari

Court : Kerala

Reported in : (1982)ILLJ410Ker

..... are considered to be the other agricultural operations in relation to the other agricultural lands of the owner. the counter petitioner has also admitted before the deputy labour officer (the conciliation officer) that the petitioner was attending his personal property affairs (ext. b6). it clearly goes to show that there is nothing wrong ..... employment, an agricultural dispute relating to his non-employment was referred to the 2nd respondent tribunal, under section 22(4) of the kerala agricultural workers act. 1974 (act 18/74). ext. p3 is the tribunal's award declaring hat the first respondent.is entitled to get employment under the counter-petitioner and arrears of ..... in it at an agricultural worker: the activity must amount to 'agricultural operation', to be brought within the scope of the definition. under the industrial disputes act, 1947 a person employed in any industry to do any skilled, unskilled, manual, supervisory, technical or clerical work is a workman; the various types of .....

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Dec 05 2007 (HC)

State Farms Corporation of India Vs. Mathai

Court : Kerala

Reported in : [2008(116)FLR1124]; (2008)IILLJ1016Ker

..... employee thereby forming a basis for withholding dispersal of arrears of gratuity.to crown it all, a division bench of this court in the decision of mathew v. plantation corporation of kerala ltd. 2000-ii-llj-637 (ker) held thus at p. 640 of llj:10. the right to gratuity is a statutory right and ..... the petitioner's services were terminated. hence, that amount cannot be withheld from the gratuity of the petitioner.in travancore plywood industries ltd. v. regional joint labour commissioner 1996 (1) kjlt 330 another learned single judge held thus:that apart, the main question is whether the petitioner-company will be justified in withholding the ..... to the petitioner is excess ex gratia amount mistakenly paid under the voluntary retirement scheme. the 1st respondent approached the controlling authority under the payment of gratuity act seeking payment of balance gratuity amount due to him. rejecting the contention of the petitioner that they are entitled to deduct the excess amount of rs. 70 .....

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Jan 16 2013 (HC)

Smt.Asha George, Nellissery House, Ayyanthole P.O., Thrissur Vs. the I ...

Court : Kerala

..... by the assessing officer himself, it is evident that this condition is clearly fulfilled. it has been observed that poplar i.t.a.no.114/12 9 plantation stood on this land till 1988-89. it has also been stated that fodder grass and vegetables were grown in the kharif season. the khasra girdwari ..... pruning, cutting, harvesting and rendering the produce fit for the market, would all be agricultural operations when taken in conjunction with the basic operations. the human labour and skill spent in the performance of these subsequent operations cannot be said to have been spent on the land itself. the mere performance of these subsequent operations ..... a. no. 114 of 201.----------------------------------------------- dated this the 16th january, 2013 judgment k.m. joseph, j.appellant returned nil income for the assessment year 2005- 2006. acting on information that the assessee had transacted a property on 05.11.2004, the assessment was reopened. appellant had 1/4th share in 1.10 acres of land in .....

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