Court : Kolkata
..... salient feature of scheme in clause-1, which reads as follows: 1.(i)the industrial units should be factories and plantations registered under the factories act, 1948 and the plantation labour act, 1951 in west bengal. even assuming that in the aforesaid clause only the tea gardens workers are included through the addendum ..... that the state correctly awarded benefits to different classes of workers who are similarly situated. in industrial units registered under the factories act, 1948 and in the plantations labour act, 1951 working conditions of workers are absolutely different in nature. therefore, the learned trial judge notification has dated committed 4th an june ..... respondents has submitted that the learned single judge has rightly noted the fact that the workers plantations of industrial registered under units the and the factories workers act, 1948 of the and the plantations labour act, 1951 respectively have been discriminated by the addendum dated june 10, 2015 by which tea garden .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)47TTJ(Cal)118
..... that medical facilities are immediately available to the workers and their family members. sub-s. (2) of s. 10 of the plantations labour act, 1951 appears to be more rigorous that if medical facilities are not provided and maintained the chief inspector may cause to be provided and maintained therein such medical ..... iac (supra)] succour the assessee-company from the saddle of the first part of the aforesaid provision of s. 40a(9) of the act. sec. 10 of the plantations labour act, 1951 and r. 35 prescribed thereunder require the assessee-company, primarily it being a tea growing and manufacturing company, to provide and maintain hospitals so ..... that the assessee-company was to establish two separate hospitals, namely, suntok hospital and cherideo purbut hospital in view of s. 10 of the assam plantation labour act, 1951 and the rules prescribed thereunder. he stated that those two hospitals were being run by trusts wherein the trustees were from the employees and from the .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... .k.k. venugopal, on behalf of some of the petitioners, that there are many social welfare legislations like factories act, plantation labour act, shops and commercial establishments act, e.s.i. act, maternity benefits act, workmen's compensation act, etc. looking after the welfare of workers and providing for their health, recuperation and physical and mental well-being ..... community and the objects mentioned in part iv of the constitution (municipal corporation v. jan mohammed usmanbhai and anr. (supra). manohar lal v. state (air) 1951 sc 315, and ramadhandas and anr. v. state of punjab (1961-ii-llj-102) upheld restrictions on hours of employment and time of opening and closing ..... sc 873). 'resonable' implies intelligent care and deliberations, that is the choice of a course which reason dictates (chintamanrao v. state of m.p.(air) 1951 sc 118). it is also true that determination by the legislature of what constitutes a reasonable restriction is not final or conclusive and it is subject to .....
Tag this Judgment!Court : Kerala
Reported in : (1976)ILLJ114Ker
..... impugned notifications exts. p20, p21 and p22. in elaborating the plea that the minister for labour used the machinery of the minimum wages act to settle the claims of the workmen when he found that a settlement could not be reached at the discussion in the plantation labour committee in 1973 and consequently issued the statement referred to in ext. p16, the appellants point ..... are under challenge. in o.p. 1940 of 1974 the petitioner challenged the notification ext. p20 which concerned the revision of minimum wages for employees in tea and rubber plantations. o.p. 1951 of 1974 concerned the minimum wage revision regarding cardamom that being the notification under ext, p22 in o.p. 1940 of 1974. in o.p. 2025 of 1974 the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671
..... that the large areas of virgin forest lands available within some of the devaswoms may be utilized for plantation of cocoanut, arecanut, pepper, cashew, rubber, etc.27. the malabar tenancy act, 1929 as amended in 1951, contained the following provision :52.(1) the state government or such officer as they may authorise in ..... 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, under-proprietor, ..... of agriculture or the welfare of the agricultural population or for purposes ancillary thereto, assign on registry or lease to-(a) agriculturists; (b) agricultural labourers; (c) members of scheduled castes and scheduled tribes who ere willing-to take up agriculture as means of their livelihood; (d) unemployed young persons .....
Tag this Judgment!Court : Kerala
Reported in : AIR1975Ker86; [1975(30)FLR148]
..... before us it is necessary to state at the outset the scope of the various provisions of the maternity benefit act, 1961. this act has been made applicable to establishments in plantation as defined in plantations labour act, 1951. the act is intended to regulate the employment of women in certain establishments for certain periods before and after child birth and ..... bench as it involves a nice question relating to the scope of section 5 of the maternity benefit act, 1961 (central act). that act replaced the kerala maternity benefit act, 1957 from 15-8-1970. the 1st respondent-inspector of plantations, mundakayam, inspected the appellant's estate on 6-5-1971 and on such inspection felt that 11 ..... this connection it is necessary to refer to a decision of the madras high court interpreting section 5 of the present act. a learned single judge of that court in b. shah mount stuart estate v. labour court, (1971) 40 fjr 302 (mad) construed section 5 as we have construed it. the learned judge has .....
Tag this Judgment!Court : Mumbai
Reported in : (1994)IILLJ1192Bom
..... ) a factory as defined in clause (m) of section 2 of the factories act, 1948, (ii) a mine as defined in clause (j) of sub-section (2) of the mines act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951; (b) not withstanding anything contained in subclause (ii) of clause (a) ..... section 2) established by or under any law made by parliament; the central govt. shall be appropriate government.'now unless the employer is a 'factory' or 'mine' or 'plantation' as defined in clauses (i), (ii) and (iii) respectively or unless the employer is covered under clause 'b' the status of the 'industrial establishment' cannot be ..... question also and more particularly in the light of the provisions of sections 20, 21, 22 of the unfair labour practices act. some submissions were tried to be made in respect of other provisions of the act. the industrial court shall take into consideration all the necessary provisions and will then examine as to whether the union .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399
..... one of which is exempted under the act and the other is not, savours of discrimination and violates article 14.(c) so far as rubber ..... protection under the act as plantations and the scheme of the act whereby most of these plantations will be decimated to support landless or near landless persons cannot be upheld on the ground of agrarian reform. it was argued that the state of kerala taxes all plantations alike under act 17 of 1960. further, plantations labour act 69 of 1951 treats all plantations as industries. sub-division of plantations into two groups .....
Tag this Judgment!Court : Kerala
Reported in : [1996(74)FLR2670]; (1997)ILLJ335Ker
..... the kerala agri-cultural workers act.in zaverbhai amaidas v. state of bombay 1954 cri ..... , whereas the kerala agricultural workers act is an act to provide for the welfare of agricultural workers ana regulate the conditions of work.9. the plantations labour act, 1951 is an act providing welfare of labourers and to regulate the conditions of work in plantation (central act 69/51). the kerala agricultural workers act excludes plantations as defined under plantations act from agricultural land. the worker in the plantation is not an agricultural worker under .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR2938:2009(6)AIRKarR227
..... 24th april 2008.27. from time to time, the minimum wages has been revised. one of the notification is dated 6.2.1999 wherein the minimum wage for the plantation labour was fixed at rs. 76.27 paise (rs. 52/- + vda rs. 24.27 paise). in order to arrive the minimum wages per day, daily rate ..... country. it is in this background, several amendments have been brought in to the provisions of the act26. in this case, the workers are plantation labours: namely, cincona, rubber, tea or coffee plantation. plantation labour is one of the scheduled employment since 1948. minimum wage was fixed for the first time for cincona, rubber, tea or coffee ..... was worked out by dividing the monthly wages by 26. there was a bipartite agreement under section 18 sub-section (1) of the industrial disputes act between various labour union functioning in plantation in karnataka and karnataka planters' association on 20th april 2005 wherein under clause-2 of the terms and conditions, daily wage was determined by taking .....
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