Court : Chennai
..... in (2008) 1 scc 125, that banks are entitled to take actual possession of the property in terms of section 13 of the sarfaesi act, 2002 and other decisions, in kathikkal tea plantations' case, a hon'ble division bench of this court, at paragraph 16 observed thus: "the third party, who comes forward to purchase ..... on any account whatsoever and shall be deemed to have purchased the property subject to all encumbrances, liens anti claims including those under the existing legislation affecting labour, staff etc. the official liquidator shall not entertain any complaint in this regard after the sale is over. any mistake in the notice inviting tender shall ..... on any account whatsoever and shall be deemed to have purchased the property subject to all encumbrances, liens and claims including those under the existing legislation affecting labour, staff etc. the official liquidator shall not entertain any complaint in this regard after the sale is over. any mistake in the notice inviting tender shall .....
Tag this Judgment!Court : Chennai
..... date of filing the writ petition in the packing section, etc. 6. referring to the judgment of this court in respect of regularisation of casual labourers based on the act, while regularisation is sought for, incidentally wages similar to men is also sought for by the petitioners on the ground that the corporation cannot fix ..... declare to be an industrial establishment for the purpose of the act. it is further stated therein that it does not apply to any industrial ..... 3. the tamil nadu industrial establishment (conferment of permanent status to workmen) act, 1981 (for short 'the act'), was assented by the president of india on 5.8.1981 and came into force on 01.01.1982. the preamble to the act applies to factories, plantations, motor transport undertakings, etc., of which the government may, by notification .....
Tag this Judgment!Court : Chennai
..... if it intends to declare as 'forest' any land other than a forest as understood in common parlance for the purposes of the act. it was submitted that a rubber plantation cannot be regarded as a waste or communal land or land analogous to a waste or communal land to fall within the definition of ..... it was pointed out that the reverse question was involved in the case, namely, if the land was not private forest, but plantation under the 1949 act and was similarly not private forest, but plantation on 10.05.1971, it could not, without anything more, become forest, thereafter even though it was not under the same ..... tea, coffee, cardamom rubber and other plantations and having purchased the same during 1946. the case arose under the kerala private forest (vesting and assignment) act, 1971. this act provided for vesting in government private forest in state of kerala for assignment to agriculturist or agricultural labourers for cultivation and the act was extended to the entire kerala state .....
Tag this Judgment!Court : Chennai
..... (g) of section 2 of the motor transport workers act, 1961 (central act 27 of 1961); or (d) a beedi industrial premises as defined ..... as defined in clause (m) of section2 of the factories act, 1948 (central act lxiii of 1948) or any place which is deemed to 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 lxix of 1951); or (c) a motor transport undertaking as defined in clause .....
Tag this Judgment!Court : Chennai
..... of illustration will be cases for such grants- (i)growing of grass or other fodder, (ii)raising flower gardens, (iii)planting casuarina, (iv)cultivation of plantation products, (v)cultivation pa paddy, pulses and other foodgrains or commercial crops like tobacco.cashew, groundnut, etc.(vi)sinking bore-wells, tube wells and other wells, ..... the scheduled castes for lands (other than lands already in their sivaijama occupation) the cultivation of which in the opinion of the tahsildar involves much labour and expense should be reported to the divisional officer for orders on the question whether the lands should be exempted from the payment of assessment for ..... with the records and reclassified the lands, behind the back of the writ petitioner, as odai poromboke. therefore, after seeking information under the right to information act, 2005, by making a representation, writ petition has been filed, for the abovesaid relief. in addition to the above, the petitioner has challenged the .....
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..... confirming the order dated 09.05.2011 passed in pg.no.72 of 2008 on the file of the controllilng authority under payment of gratuity act, the assistant commissioner of labour, salem, quash the same and further direct the respondents 2 and 3 to defer the payment of gratuity to the 1st respondent and consider ..... this juncture, it is relevant to extract section 13 of the payment of gratuity act, 1972, as follows: 13.protection of gratuity. - no gratuity payable under this act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5 shall be liable to attachment ..... in execution of any decree or order of any civil, revenue or criminal court. 6.section 13 of the payment of gratuity act gives protection to the gratuity earned by an employee .....
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..... they would never enter into the lands for agricultural operations and all the agricultural operations in the land done by the appellant only by hired labour. therefore, the appellant is not entitled to act 25 of 1955. hence this suit. 6.the appellant/defendant filed written statement in which it is denied various averments made in the plaint ..... liable to pay a sum of rs.1,80,000/-. the appellant cannot claim benefits of tamil nadu cultivating tenants protection act since neither the appellant nor any members of his family ever contributed any physical labour in the property. the appellant is a front rank leader of dmk party and he was also the chairman of ..... profit is untenable. the appellant and the members of his family are contributing their physical labour for raising cultivation and therefore, the appellant is entitled to the benefits of act 25 of 1955 as amended and also occupants of the kudiyuruppu act. the appellant is not a front rank leader of dmk party but the appellant belongs .....
Tag this Judgment!Court : Chennai
..... 1179 of 2011 k. gunasekaran ... appellant in both writ appeals vs.1. the management of the nilgiris, district plantation worker's co-operative credit society ltd., rep.by its secretary, coonoor, the nilgiris.2. the presiding officer, labour court, coimbatore. ... respondents in both writ appeals w.a.no.1178 of 2011 is preferred under clause 15 ..... reinstatement with continuity of service without backwages.12. the learned single judge set aside the said award by negativing the defence taken by the workman that he acted under the instructions from the accountant vasudevan, which cannot be appreciated in a writ proceeding, or departmental proceeding, which may have some effect before the criminal ..... made in w.p.no.5387 of 2001 dated 27.8.2009.15. the issue of exercise of discretion under section 11a of the industrial disputes act, 1947, by the labour court came up before the hon'ble supreme court in the decision reported in air2009sc2528(divisional manager, rajasthan s.r.t.c. v. kamruddin) .....
Tag this Judgment!Court : Chennai
..... time limit of 45 days. but under sub-section (2), nothing else is stipulated except the mere act of laying the rules before the state legislature. therefore, the decision of the constitution bench in k.t.plantation, would not go to the rescue of the petitioner. v. rule making power:46. the next ..... is that the department of explosives has experts and that therefore, their competence to stipulate standards is much higher than that of the officials of the labour department. but the said contention can hardly be accepted.35. the prescriptions contained in schedule xxiv under rule 95(1), are already in force, without ..... association, represented by its president s.s.vijayakumar, 'tanfama centre', 442, kamarajar road, sivakasi-626 123. .. petitioner vs 1.the principal secretary to government, department of labour and employment, fort st. george, chennai-600 009. 2.the deputy chief controller of explosives, petroleum and explosives safety organisation (peso), frdc complex, sivakasi west-626 124 .....
Tag this Judgment!Court : Chennai
..... time limit of 45 days. but under sub-section (2), nothing else is stipulated except the mere act of laying the rules before the state legislature. therefore, the decision of the constitution bench in k.t.plantation, would not go to the rescue of the petitioner. v. rule making power:46. the next ..... is that the department of explosives has experts and that therefore, their competence to stipulate standards is much higher than that of the officials of the labour department. but the said contention can hardly be accepted.35. the prescriptions contained in schedule xxiv under rule 95(1), are already in force, without ..... association, represented by its president s.s.vijayakumar, 'tanfama centre', 442, kamarajar road, sivakasi-626 123. .. petitioner vs 1.the principal secretary to government, department of labour and employment, fort st. george, chennai-600 009. 2.the deputy chief controller of explosives, petroleum and explosives safety organisation (peso), frdc complex, sivakasi west-626 124 .....
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