Court : Supreme Court of India
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)
..... such ultra-hazardous technologies and to prescribe absolute and deterrent standards of liability if harm is caused by such enterprises. the prospect of exploitation of cheap labour and of captive-markets, it is said, induces multinationals to enter into the developing countries for such economic-exploitation and that this was eminently an appropriate ..... was by the incorporation of an appropriate 're-opener' clause.3. on 29th of march, 1985 the bhopal gas leak disaster (processing of claims) act, 1985 (act) was passed authorising the government of india, as parens patriae exclusively to represent the victims so that interests of the victims of the disaster are fully ..... bhopal in original suit no. 1113 of 1986 pursuant to the statutory ennoblement in that behalf under the bhopal gas leak disaster (processing of claims) act 1985 ('act for short') claiming 3.3 billion- dollars as compensation. when an inter-locator matter pertaining to the interim-compensation came up for hearing there was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1893; [1995(71)FLR102]; (1995)2GLR1550; JT1995(4)SC264; 1995LabIC2207; (1995)IILLJ790SC; 1995(3)SCALE498; (1995)5SCC27; [1995]Supp1SCR173; (1996)1UPLBEC359
..... filed a writ petition in the high court praying for direction to reinstate the workmen and for implementing and enforcing the factories act, the employees' provident fund act, the payment of wages act and other labour enactments. the high court by its order of 16th december, 1981 appointed one shri israni as a court commissioner to make detailed ..... was whether, if the principal employer does not get registration under section 7 and/or the contractor does not get licence under section 12 of the act, the labour engaged by the principal employer through the contractor is deemed to be the direct employees of the principal employer or not. on this point there was ..... to the judicial review on the usual grounds. however, as stated earlier, the exclusive jurisdiction of the appropriate government under section 10 of the act arises only where the labour contract is genuine and the question whether the contract is genuine, or not can be examined and adjudicated upon by the court or the industrial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC864; 1993(1)ARBLR488(SC); 1992(2)SCALE893; (1993)1SCC114; [1992]Supp2SCR118
..... unaffected by the decision in secretary, irrigation department v. roy : [1991]3scr417 and as the reference in this case was prior to the coming into force of the interest act, 1978. there is some force in this contention. that apart, we do not think that this is a fit case for the grant of interest from 1-1-1980. ..... of rs. 4,50 in preference to jaiswal's valuation of rs. 2 in respect of the maneja lands. we are satisfied that the arbitrator has, in the circumstances, acted on proper material in fixing the value of the lands at pratapnagar as well as maneja and that his award in this respect has to be upheld. shri b.k ..... errors, according to him, vitiate the valuation arrived at by the arbitrator. learned counsel cited passages from russel on arbitration to the effect that the provisions of the evidence act are applicable in arbitration proceedings and that the report of an expert witness is not admissible in evidence by the arbitrator unless the witness is orally examined and the parties .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... 1956]1scr603 competing statutes being the banking companies act, 1949 as amended by act 52 of 1953, and the displaced persons (debts adjustment) act, 1951. section 45a of the banking companies act, which was introduced by the amending act of 1953, and section 3 of the displaced persons act 1951 contained such a non obstante clause, providing that ..... ;(ii) the rule of exclusion will not apply if theland holding of a family is exclusively unirrigated.b. plantations(i) coffee, tea, rubber etc. (ii) mango,citrus, apple plantations, etc.criteria of income/wealth specified in category vibelow will apply. deemed as agricultural holding and hence, criteria ..... be the measure for determining educational backwardness. the social and educational backwardness referred to in article 15(4) requires separate identification of sebcs. agricultural labourers, rickshaw pullers/drivers, street hawkers etc. may well qualify for being designated as 'backward classes' according to petitioner's learned senior counsel, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC192; JT1992(5)SC144; 1992(2)SCALE231; (1992)4SCC175; [1992]3SCR972; 1992(2)LC724(SC)
..... play-ground, smoke-house and workers' quarters in the estate, though the accommodation required by the labourers was not sufficient for accommodating all the labourers. the plantation officer had issued a notice to provide quarters to. all the labourers. the tribunal, in the circumstances, found that the land for providing further quarters was necessary. the ..... fire-wood to estate employees 'cannot be said to be a purpose ancillary to the cultivation of plantation crops'. that decision was rendered in a case arising from the ceiling provisions of the land reforms act, but the statutory provisions are almost identical. we cannot therefore permit ourselves to be swayed by ..... private forests, which is held by the owner under his personal cultivation as is within the ceiling limit applicable to him under the kerala land reforms act, 1963 or any building or structure standing thereon or appurtenant thereto. the explanation to sub-section (2) states that 'cultivation' would include cultivation of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2301; 1972(0)KLT377(SC); (1972)2SCC218; [1973]1SCR356
..... but also in express terms provided for the replacement of the area acquired by other land for the purpose of tea plantation.a comparative study of both the acts makes it clear that the two acts deal with different matters and were passed for different purposes.43. it was said that there is conflict because it ..... of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;(b) the expression 'rights', in relation to an estate,shall include any rights vesting in a proprietor, sub-proprietor, underproprietor, tenureholder, (raiyat, ..... became a controlled industry, both sugar and sugarcane fell within entry 27 of list ii but, after a declaration was made by parliament in 1951 by act lxv of 1951, sugar industry became a controlled industry and the product of that industry viz., sugar was comprised in entry 33 of list iii taking it out .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC356; (1984)ILLJ35SC; 1983(2)SCALE736; (1983)4SCC470; [1984]1SCR251; 1984(1)SLJ198(SC); 1984(16)LC8(SC)
..... was to be in force for a period of four years and thereafter until it is terminated in accordance with the provisions of s.l9(2) of the industrial disputes act, 1947. the period of four years fixed in that settlement expired on 31.10.1977 and the first union terminated that settlement in so far as it related to the ..... be noticed that the four cases which related to the bombay region were all of the early sixties. two decades have passed, industrial and labour conditions do not remain stagnant despite the passage of time. industrial-labour relations need revision from time to time to fit and suit changing conditions. that there was an upward trend to raise the age of retirement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC731; [1959]1SCR629
..... categories of animals mentioned in the original schedule were only controlled by the requirement of a certificate from the appropriate authority before the actual slaughter, by the amending act xxiii of 1951, a total ban was imposed on the slaughter of 'cows' which was then defined as including only a female calf of a cow and the slaughter of ..... to 6,48,54,000. there is therefore a shortage of 22,45,705 bullocks including buffaloes which presumably represent the dry cows and female buffaloes put to agricultural labour, as shown in the second five year plan at pp. 281-282. it is true that tractors have begun to be used but they are still of a ..... an 'animal' without certificate. there was then no total ban on the slaughter of any animal as defined. in 1951, the c.p. and berar animal preservation act, 1949, was amended by the madhya pradesh act xxiii of 1951. by this amending act the words 'by prohibiting or' were added to the long title and the preamble before the word 'controlling' and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC3261; JT1996(2)SC159; 1996LabIC1718; (1996)ILLJ1156SC; 1996(2)SCALE1; (1996)2SCC682; [1996]1SCR884; (1996)4UPLBEC2796
..... and strength of the workers and directs that the operation of the law is that the citizens are not forced by economic necessity to work under forced labour or unfavourable and unconstitutional conditions of work. it should, therefore, be the duty of the state to consider that welfare measures are implemented effectively and efficaciously ..... predominant products sold or purchased in the establishment or regional offices are irrelevant and always leads to denial of welfare benefits to the employees under the act. when there is connection between the factory and the finished products which are sold or distributed in the regional offices or establishment and principal employer has ..... of orissa between the same parties become final, it operates as res judicata, therefore, the appellant is entitled to be excluded from the purview of the act.4. shri v.c. mahajan, the learned senior counsel appearing for the state, contended that regional offices having been established by the appellant at different .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2721; [2006(4)JCR4(SC)]; JT2006(6)SC443; (2006)IIILLJ349SC; 2006(7)SCALE171; (2006)6SCC604; 2007(1)SLJ203(SC)
..... parties, confirmed the interim order dated 19.05.1986 and directed that no deduction shall be made either from the employer or the employees towards the contribution under esi act provided the respondent employer shall pay medical allowance to its workmen. respondent no. 2 again applied for modification instead of medical allowance, respondent no. 2 was providing ..... the previous order dated 19.05.1986 with the modification that 'no deduction shall be made from the employer or the employees towards the contribution under the esi act provided the respondent-employers shall pay the medical allowance to its workmen.'an application for modification of the order dated 17.07.1987 was filed by respondent no ..... the ground that no medical facility has been provided by the esic authority in the area and the exemption application filed before the secretary of labour department has not been decided and sought direction from the court not to realise any contribution from the workers of the union under the .....
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