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The Management of Injipara Estate Vs. Thyilammal W/O. Late Arjunan

Court : Chennai

Reported in : (2008)1MLJ1103

..... that arjunan died during the course of his employment and that the respondent/claimant is entitled to compensation as per amended section 16a and 16b of plantations labour act, the wife of the deceased arjunan has filed the application claiming compensation of rs. 1,31,350/-. 3. the appellant-management contested the application ..... no collapse of the door or roof of the house and therefore, the claimant is not entitled to claim compensation under section 16a(1) of plantations labour act.4. accepting the evidence of the respondent/claimant, the learned deputy commissioner has held that the accident arose out of and during the course of employment ..... wrong advise or under wrong expression. the application might had been filed under section 16a and 16c of plantations labour act. the learned deputy commissioner was right in awarding the compensation under the workmen's compensation act. the impugned order does not suffer from any serious error of law or infirmity warranting interference. this .....

Prabhakar Dev Vs. State of Kerala

Court : Kerala

Reported in : [2009]148CompCas600(Ker); 2007(2)KLJ692; (2008)ILLJ86Ker

..... orderr. basant, j.1. does the plantations labour act, 1951 (for short 'the act') contemplate (or rule out) the existence of plurality of employers for a plantation? does the deemed employer under section 2(e) oust the real employer from his chair? does the deemed employer continue to be ..... real employer from that chair. the ultimate employer must ensure vicariously and the manager must personally ensure the actual implementation of the provisions of the plantations labour act strictly in the plantation concerned at the risk of being prosecuted. that appears to be the clear legislative intent.19. i am, in these circumstances, unable to accept ..... promote cottage industries on an individual or co-operative basis in rural areas.that constitutional philosophy is attempted to be translated into statutory provisions by the plantations labour act and rules.13. i would certainly refuse to assume that the legislature in its attempt to translate the constitutional concern reflected in articles 42 and 43 .....

Oothu Estate, Singumpatti Group Vs. Presiding Officer, Labour Court an ...

Court : Chennai

Reported in : (2001)ILLJ803Mad

..... of the record and ought to be set aside. inter alia it is also contended by them that the labour court failed to see that as per section 15 of the plantation labour act, 1951, every employer shall provide and maintain necessary housing accommodation for every worker residing in the plantation as per the rules framed by the state government under section 16 of the said ..... petitioner for the following reasons. as per section 15 of the plantation labour act, 1951 every employer shall provide and maintain necessary housing accommodation for every worker residing in the plantation as per the rules framed by the state government under section 16 of the said act further as per rule 50 of the tamil nadu plantation labour rules, 1955, houses shall be allotted only on the basis .....

S.Sundar and ors. Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... in the forest department. it is further stated that the petitioners are given benefits under various legislation, such as, plantations labour act, 1951, the industrial employment (national and festival holidays) act, 1981, the employees provident fund and miscellaneous provisions act, 1952, and the payment of bonus act, 1965. it is stated that the petitioners are paid minimum wages as notified by the government of tamil nadu under ..... be a factory under sub-section (2) of section 85 of that act; or (b) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act xlix of 1951); or (c) a motor transport undertaking as defined in clause (g) of seciton 2 of the motor transport workers act, 1961 (central act 27 of 1961); or (d) a beedi industrial premises as defined .....

Sunny Kruiakore and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : 1996VIAD(SC)553; [1996(74)FLR2245]; JT1996(7)SC476; 1996(6)SCALE3; (1996)10SCC145; [1996]Supp4SCR709

b.n. kirpal, j.1. the question which arises in this appeal is whether the provisions of the plantations labour act, 1951 are applicable to the rubber estates owned by the three appellants herein.2. briefly stated the facts are that there was one estate called 'nooracre estate' which was owned and ..... being managed separately and have separate rubber board registrations.3. the plantations rubber act, 1951 (hereinafter referred to as 'the principal act') was enacted with a view to provide for the welfare of labour and to regulate the conditions of work in the plantations. section 1(4) of the principal act which specifies the plantations to which the act applies, as originally enacted, reads as under:it applies in .....

Dileep Vs. State of Kerala

Court : Kerala

Reported in : 1999CriLJ4490; [2000(84)FLR110]; (2001)IIILLJ686Ker

..... i find that annexure a complaint filed by the second respondent against the petitioner is well within the period of limitation as provided under section 40 of the plantations labour act and the proviso thereto and the contention of the petitioner that the complaint is barred by limitation is absolutely untenable. therefore, this crl. m.c. is ..... not to any written order given by the inspector to the employer with respect to any other matter within his power and authority under the provisions of the plantations labour act and rules, therefore, annexure a dated january 3, 1995, taken on file by the court on february 2, 1995, is well within the period of ..... is that the complaint is barred by limitation.3. the petitioner contended before the trial court that the prosecution is barred by limitation under section 40 of the plantations labour act. the learned magistrate by the order, dated july 31, 1997, found that the prosecution is not barred by limitation once this m.c. is filed, before .....

K. Kamalaveni, Minor Moorchika Rep., by Her Mother and Natural Guardia ...

Court : Chennai

Reported in : III(2004)ACC651; 2005ACJ443; (2004)IIILLJ682Mad; (2004)3MLJ468

..... of cooli-lines in the estate is not part of the business of the principal. section 15 of the plantations labour act, 1951 obliges every employer to provide and maintain for every worker and his family residing in the plantation necessary housing accommodation. it is a statutory duty. in discharge of such duty, the employer may himself construct ..... nature, the employer is liable even if the work is not for the purpose of a trade or business of the employer.19. the question of casual labourer under the act has been subjected to judicial decisions. casual employment is not used in contradiction to 'permanent or constant' employment.the dictionary definitions of the word 'casual' ..... was being paid a lump sum of money every fortnight and that he was a regular and continuous worker and not a casual labourer, held that the deceased was a 'workman' within the meaning of the act. 23. in the decision in vinayaka mudaliar v. mundala pottiamma, : air1953mad432 , the learned judge of this court while .....

The Management of State Farms Corporation of India Ltd., Melchengam We ...

Court : Chennai

Reported in : (1997)ILLJ20Mad

..... for the purposes of this sub-clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951)'. from this the intention of the legislature is indicated that the agricultural activities are not governed by the industrial ..... disputes act. even though it is said that the said amendment act 46/82 has not come into force, it throws ..... daily paid workers. there are different sections called mechanical, civil engineering works, agricultural, accounts, administration and security. in 1981-82 there were agricultural labourers, agricultural field men junior agri-assistants. on the mechanical side there were pump operators and helpers. there is no serious cross-examination on these aspects .....

Malankara Rubber and Produce Co. Ltd. Vs. Hameed

Court : Kerala

Reported in : [2001(91)FLR84]

..... it was held:'it cannot be accepted that the construction of cooli-lines is not part of the business of the principal (the estate). s. 15 of the plantations labour act, 1951 obliges every employer to provide housing accommodation to the workers. it is a statutory duty. in discharge of such duty, the employer may himself construct the houses or ..... of the first opposite party the malankara rubber & produce co. ltd. in w.c.c 91/93 before the court of the commissioner for workmen's compensation (deputy labour commissioner), ernakulam, respondents 1 and 2, the applicant in w.c.c. 91/93 are the parents of one basheer who died in an accident occurred in the ..... compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if reference to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the .....

Management of Bombay Burmah Trading Corporation Ltd. Vs. Presiding Off ...

Court : Chennai

Reported in : (2000)ILLJ1499Mad

..... other obligation on the petitioner to supply rain coats to tractor drivers and that the petitioner herein was providing all the facilities as provided for under the plantation labour act and the rules. the petitioner had also submitted that there is no obligation cast on them to provide firewood, that too at concessional rates. likewise, ..... that the petitioner was willing to accept either the original home address or that of their husbands, after marriage. it is also stated before the labour court that the plantation association of tamil nadu had entered into a long-term settlement dated april 8, 1987, with the representatives of various unions, which covered the ..... by the second respondent workmen it is unnecessary to consider the same. accordingly, i shall consider whether the award passed agreeing the abovementioned three reliefs by the labour court, is justified.6. in support of the issue raised before the industrial tribunal, one r. mani and n. arumugham, member of the executive .....