Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 11 canteens Page 1 of about 7,638 results (0.116 seconds)

Ram Bahadur Thakur (P) Ltd. Vs. Chief Inspector of Plantations

Court : Kerala

Reported in : (1989)IILLJ20Ker

..... section 30 of the plantations labour act, 1951, deals with the right of workers to ..... plantations labour act has also been enacted for the benefit of workers engaged in plantations ..... delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling 100 per cent of the wages which she was previously earning in terms of section 3(n) of the act but also the benefit of the wages for all the sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interests of both the ..... in that case a learned single judge of the high court took the view that twelve weeks for which the maternity benefit is provided for in sub-section (3) of section 5 of the act must be taken to mean 12 weeks of work and the computation of the benefit had to be made with reference to the actual days on which a woman would have ..... labour court, coimbatore 1978-i-llj-29 the supreme court examined the duration of 12 weeks period provided by section 5(3) of the act ..... act is a beneficial piece of legislation which is intended to achieve the object of doing social justice to women workers employed in factories, mines or plantations ..... must be adopted in computing the number of actual days of work under section 5(2) of the act as well. ..... section 5(2) of the act reads:no woman hall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one .....

Rajinder Singh Chauhan and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : 2005(85)DRJ139; [2006(108)FLR1]; JT2005(10)SC25; (2006)ILLJ303SC; RLW2006(1)SC308; 2005(9)SCALE428; (2005)13SCC179; 2006(2)SLJ26(SC)

..... decision of the appropriate government thereon shall be final.25l: for the purpose of this chapter, - (a) 'industrial establishment' means:(i) a factory as defined in clause (m) of section 2 of the factories act, 1948(63 of 1948);(ii) a mine as defined in clause (j) of sub-section(1) of section 2 of the mines act, 1952 (35 of 1952); or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951);(b) notwithstanding anything contained in sub-clause(ii) of clause (a) of section 2 ;(i) in relation to any company in which not less than fifty-one percent of the paid up share capital is held by the central government, or(ii) in relation ..... to any corporation (not being a corporation referred to in sub-clause (i) of clause (a) of section 2) established by or under any law made by parliament, the central government shall be the appropriate government ..... the expression 'industrial establishment' is defined in section 25l, which means a factory or a mine or a plantation. .....

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

Court : Chennai

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

..... 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 ..... ' means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is - (i) a railway servant as defined in section 2(34) of the indian railways act, 1989 (24 of 1989), not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii, or (ia)(a) a master, seaman or other member ..... , or company, as the case may be, is registered in india, or;(ii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a ..... -management is liable to pay the compensation when the 1st respondent is not carrying construction as a trade or business, learned counsel for the appellants referred to the provisions of the workmen's compensation act, hereinafter called 'the act' and cited a number of decisions in support of his submission that though construction of building is not a trade or business, it is for and incidental to the main trade or business ..... labourer under the act .....

M. Rajamanickam Vs. the Management of State Farm and the Presiding Off ...

Court : Chennai

Reported in : (2010)ILLJ54Mad

..... the following amendment was noticed as sub-section 2(j)(1), which reads as under:any agricultural operation, except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.explanation: 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).10. ..... agricultural operation do not fall within the purview of section 2(j) and thereby the corporation cannot be termed as an 'industry' as defined under section 2(j) of the industrial disputes act; and in view of the settlement reached under section 12(3) of the industrial disputes act, the workmen cannot raise an industrial dispute.6. ..... the ii additional labour court, madras, on hearing the parties and on appreciation of evidence, by common award dated 26.3.1987, having answered the award in favour of the workmen (appellants herein), held that non-employment (retrenchment) of the workmen was in violation of section 25-f of the industrial disputes act.5. ..... state of tamil nadu air 1971 sc 518;(ii) a settlement under industrial disputes act is binding on all the parties and no industrial dispute can be raised under section 10 of the act against the essence of such settlement. .....

Parry and Co. Ltd. Vs. Presiding Officer, Ii Additional Labour Court, ...

Court : Chennai

Reported in : 1997(3)CTC209

..... reads as follows :- '25-l definitions - for the purpose of this chapter, (a) 'industrial establishment' means - (i) a factory as defamed in clause(m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, - (i) in relation to any company in which not less than fifty-one per cent, of the paid up, share capital is held by the central government, or (ii) in relation to corporation (not being a corporation ..... the labour court in its order dated january 8, 1993 found that the management complied with rule 62 of the rules and also section 25-f of the said act, that the management has not complied with the requirement under section 25-n of the said act, that the workers mentioned in nos. ..... the petitioners management had not obtained permission under section 25-n of the said act and so the order of the labour court has to be sustained. ..... 451 (labour) dated february 24, 1984, referred the matter under section 10(1)(c) of the industrial disputes act for adjudication to the ii additional labour court, madras. ..... in view of the above, the labour court is correct in holding that the petitioners/managements are industrial establishments coming within the purview of section 25-n of the said act. .....

Bangalore Electricity Supply Company Ltd, Rep. by Its Chief General Ma ...

Court : Karnataka

..... a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948); or (ii) a mine as defined in clause (j) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951). ..... same period of service, it is argued for the workmen that, such continuation in service under separate orders and contracts of a fixed term amounted to an unfair labour practice punishable under section 25u, in view of the intention, expressed in the stipulation itself, of depriving the workmen of the status and privileges of permanent workmen. ..... the rate last drawn by them and also to pay to them all the terminal benefits due as on the date of payment as if their services were then being terminated afresh, in compliance with the provisions of section 25-f of the industrial dispute act, after continuous service from the date of their entry into service till the date of payment. ..... in service of the workmen during the six years preceding the date of termination was continuous service as envisaged in section 25b of the act and the provisions of section 25f of the act were attracted at the time of termination of service. 14. ..... be noted that in the judgment as aforesaid, the argument that if the workmen were having record of successive appointments on contract basis, it amounted to unfair labour practice, was not addressed or dealt with and the provisions of section 25j, 25t and 25u were not noticed. 13. .....

J.J. Shrimali Vs. District Development Officer, Mehsana and ors.

Court : Gujarat

Reported in : (1989)1GLR396

..... section 25l provides the dictionary for the purposes of that chapter and defines an 'industrial establishment' to mean : (i) 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 (1) of section 2 of the mines act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951. ..... after referring to the decisions of the supreme court in bangalore water supply and sewerage board case (supra), this court came to the conclusion that the activity in question was an 'industry' within the meaning of section 2(j) of the act and hence the petitioners could not be said to have been discharged in exercise of sovereign functions, stricto sensu, and since they had completed 240 days it was obligatory on the part of the department to comply with ..... the petition was resisted on the ground that construction and maintenance of the dam cannot be said to be an 'industry' within the meaning of section 2(j) of the act and, therefore, the matter fell outside the purview of the act; the termination order being the outcome of the exercise of sovereign functions of the state in the construction of dams for irrigation purposes, vide entry 17 in list ii of the seventh schedule to the constitution. .....

S.G. Chemicals and Dyes Trading Employees' Union Vs. S.G. Chemicals an ...

Court : Supreme Court of India

Reported in : [1986(52)FLR661]; 1986LabIC863; (1986)ILLJ490SC; 1986(1)SCALE1048; (1986)2SCC624; [1986]2SCR126; 1986(3)SLJ29(SC)

..... establishment' means -(i) 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 (1) of section 2 of the mines act, 1952; or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951; (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, -(i) in relation to any company in which not less than fifty-one per cent of the paid-up share capital is held by the central government, or(ii) in relation to any corporation not being a corporation referred to in sub-clause (i) of clause (a) of section 2 established by or under any law made by parliament ..... ,the central government shall be the appropriate government.the definition given in section 25l .....

Shri Krishan vs.jasoda Devi and Ors

Court : Delhi

..... 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 ..... and conditions of service) act, 1996 (hereinafter referred to as the bocw act ) and the buildings and other construction workers' welfare cess act, 1996 (hereinafter referred to as the welfare cess act ) on the ground that they were registered under the factories act, 1948 and therefore, they were not covered by the definition of building or other construction work as contained in section 2(1)(d) of the bocw act and, therefore, the said act was not applicable to ..... by the division bench also finds support from the amendment brought by the parliament in the definition of section 2(1)(n) of the act omitting the words "casual workman" and a workman who is employed other than for the purposes of ..... bench of kerala high court headed by k.t.thomas, j.as he then was, held that the word business used in section 12 of the act has been intended to convey the meaning as the work or task undertaken by the person concerned which are not restricted ..... am of the opinion, since the appellant has not complied with the mandatory requirement as per third proviso to section 30(1) of the employee's compensation act, 1923, on that ground also, the appeal is liable to be dismissed and further, i find that no substantial question of law is involved in this appeal to make an interference in the order passed by the deputy commissioner of labour, coimbatore. .....

Sarva Shramik Sangh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(2)ALLMR81; 2004(6)BomCR706; [2009(105)FLR353]; (2005)ILLJ809Bom; 2004(4)MhLj1073; 2005(3)SLJ331(Bombay)

..... 'industrial establishment' has been defined in section 25l(a) to mean a factory as defined in clause (m) of section 2 of the factories act, 1948, a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952 or a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951. ..... he then submits that once the labour court had concluded that there was a breach of section 2(s) of the act, the labour court ought to have granted reinstatement with continuity of service ..... as regards the breach of section 25n, the labour court was of the view that since the premises in which the workmen were employed was not a factory and, therefore, not an industrial establishment defined under the act, section 25n was not attracted. ..... 163 workmen had raised individual disputes and references had been made under section 2(s) of the industrial disputes act, 1947 (hereinafter referred to as 'the act') for adjudication before the same labour court. ..... learned advocate for the petitioners, submits that the labour court's conclusion that the employer was not an industrial establishment and, therefore, the provisions of section 25n were not attracted should not be accepted. ..... labour court also found that the termination of services effected from 30th june, 1985 was illegal and improper as it was not in accordance with section 25f of the industrial disputes act, 1947 (hereinafter referred to as 'the act ..... labour court has held that there is a breach of section 2(s) of the act .....