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Mridul Kumar Bhattacharjee and ors. Vs. State of Assam and anr.

Court : Guwahati

Reported in : (2010)ILLJ211Gau

..... the offence complained of in the case is an offence under the special statute, namely the plantation labour act, 1951, which prescribes specific procedure for taking cognizance under section 39 of the act, without compliance of such provisions of the act, the cognizance of the offence cannot be taken and only after taking cognizance of the offence the summons to appear before the court can be ..... but depends upon the facts and circumstances of each case, we find in the instant case that along with the complaint petition wherein the laboqur inspector and inspector under the plantation labour act, 1951, is the complainant annexed the inspection report dated june 6, 2007, sanction for prosecution granted by the chief inspector of plantation, assam, dated october 10, 2007 and other relevant documents, and the learned additional cjm, issued summons to the petitioners. ..... 7624/2007 taking cognizance of the offence under the provisions of the plantation labour act, 1951, and the rules made thereunder and the continuance of the proceeding, the petitioners have filed this petition praying for quashing of the said ..... the labour inspector and inspector under the plantation labour act, 1951, (for short the 'act'), in exercise of his power vested under the act visited the rani tea estate on may 10, 2007 and detected certain deficiencies with regard to welfare of the labours engaged in the said tea estate, which are allegedly caused due to deliberate inaction of the employer of the said tea .....

State of West Bengal and Anr Vs. Lakshmi Kanta Hazra and Anr

Court : Kolkata

..... on the other hand, learned counsel for the 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 workers who had not crossed sixty years of age on the date of application have been ..... 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. ..... the industrial units should be factories and plantations registered under the factories act, 1948 and the plantation labour act, 1951 in west bengal. ..... learned learned counsel single judge for the failed appellants-state to consider submits that tea that the plantation workers do not have many alternative employment opportunities when the tea gardens are locked out compared to workers of other closed units ..... the learned counsel for the appellants-state has placed before us the definition of factory under the factories act as defined in sections 2(k)or 2(m).however, apart from the reasons given by the learned single judge, we have quoted above the relevant rules from the respective notification which do not support the appellants case. ..... eligibility of workers.on approval of the industrial unit(s) by the committee the labour directorate will isisue notice(s) to this effect. .....

General Fibre Dealers Pvt. Ltd. Vs. Assistant Commissioner of Income T ...

Court : Kolkata

Reported in : (1993)47TTJ(Cal)118

..... of the assam plantation labour act, 1951 and the rules ..... 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 facilities and recover the cost ..... the plantations labour act, 1951 and ..... so, as per the provisions of the plantations labour act and the rules made thereunder hospitals in tea estates or tea gardens were established, and in the case of the assessee-company the ..... in order to have ease in discussion we may reproduce the provision of the aforesaid section hereunder :'40a(9) no deduction shall be allowed in respect of any sum paid by the assessee as an employer towards the setting up or formation of, or as contribution, to, any fund, trust, company, aop, boi, society registered under the societies registration act, 1860 (21 of 1960), or other institution for any purpose, except where such sum is so paid, for the purposes and to the extent provided by or under sub-cl. ..... the it act on account of expenses incurred by the assessee-company towards labour and staff welfare by making contributions to two hospitals established and run for labour and staff.11 ..... in that case also, in view of the provisions of the industrial disputes act a death relief fund was created and the assessee-company made contributions to ..... of the provision speaks about the exceptions in which the rigour of the applicability of the aforesaid section was mitigated. .....

Excel Glasses Ltd. and ors. Vs. State of Kerala

Court : Kerala

Reported in : (1992)IILLJ330Ker

..... 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. ..... contention of the respondents is that this decision overruled (air) 1980-sc-1789 (supra) and restored article 31c in the form in which it was amended by the 42nd amendment act and, hence all laws giving effect to the policy of the state towards securing the principles laid down in part iv, including article 43, are entitled to the protection. ..... balagangadhara menon, on behalf of some of the trade unions, pointed out that tea plantations, like harrisons tea and malayalam plantations, implemented the provisions of the amendment act and came to settlement with the workers. ..... (1970-i-llj-485) was relied on to argue that even under the act in question, eligibility for paid holidays depends upon the specification made by the inspector in consultation with labourers and management regarding the particular establishment and that it need not necessarily extend upto the maximum period, which is only the outer limit ..... then article 31c was again amended by the 42nd amendment act, which received the assent of the president on january 3, 1977.section 4 of the act amended article 31c to include all or any of the principles laid down in part iv instead of the principles specified in clause(b) or (c) of article 39 alone. ..... state (air) 1951 sc 315, and ramadhandas and anr. v. ..... (air) 1951 sc 118). ..... balsara, 1951 sc 685). .....

Malayalam Plantations Limited and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : (1976)ILLJ114Ker

..... 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 ..... not possible for the government to say that they will receive representations up to a particular date and that the proposals will be taken into consideration not on that date but on some date thereafter.on a reading of section 5(2), with great respect, we are unable to agree with the learned judges that the right to make representations cannot be confined to a date anterior to the date specified as that on which the proposals will be taken into consideration ..... also observe here that the minimum wages committee for plantations appointed by the government of travancore-cochin by notification dated 29-8-1951 had in its report of 6th march, 1952 dealt with the question of full employment as follows:full employment: the minimum wage is based on the assumption that employers will provide work for their labour force throughout the year, failing which the labourers will be given their minimum wages for the days ..... 1951 of 1974 is the proceedings of the government of kerala accepting the recommendations of the joint wage board for cardamom plantation for the states ..... 1940 of 1974, 1951 of 1974 and ..... 1951 of 1974 concerned the minimum wage revision regarding cardamom that being the notification under ext .....

State of Kerala and anr. Vs. the Gwalior Rayon Silk Manufacturing (Wvg ...

Court : Supreme Court of India

Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671

..... purposes directed towards the promotion of agriculture on the welfare of the agricultural population to be settled on such lands, assign on registry the remaining lands to agriculturists and agricultural labourers in such manner, on such terms and subject to such conditions and restrictions, as may be prescribed.that scheme as envisaged in this section was upheld by this court as a scheme for agrarian reform and we do not see any good reason why we should take a different view with regard to the ..... , in kochuni's : [1960]3scr887 case, speaking for the court, reviewed the earlier decisions under article 31a and interpreted the provision against the back-drop of the objects of the constitution (forth amendment) act, 1955 and the earlier constitution (first amendment) act, 1951, to arrive at the conclusion that article 31a was meant 'to facilitate agrarian reforms'. ..... we would suggest 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. ..... similarly, coffee, pepper and rubber plantations have been successful in the forest lands in wynad (malabar district).26. ..... even planting teak and other plantation crops is agricultural operation and the lands on which these are planted are agricultural lands. .....

Malayalam Plantations Ltd., CochIn Vs. Inspector of Plantations Mundak ...

Court : Kerala

Reported in : AIR1975Ker86; [1975(30)FLR148]

..... act has been made applicable to establishments in plantation as defined in plantations labour act, 1951 ..... inspector of plantations, mundakkayam, in so far as it directs the petitioner to pay maternity benefit to a woman worker for wageless holidays during the weeks referred to in section 5(3) of the act. ..... quoted in full hereunder:--'in our opinion the expression 'absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day' in section 5(1) of act 53 of 1961, would mean the actual period of absence, including sunday, which is included in a week. ..... the parliament has limited the rieht for the benefit for the period of the actual absence only and then the learned judge proceeds at page 310 to state thus:--'the scheme of section 5(1) is to confer only such a benefit equivalent to that which the woman would have earned but for the maternity. ..... therefore, the expression 'for the six weeks immediately following that day' occurring in sub-section (1) of section 5 should also be construed as meaning 'six weeks of work' which would exclude holidays ..... for the period before her delivery she is not prohibited from working and the section provides that she must be paid at the rate of the average daily wage for the period of ..... of opinion that parliament did not intend payment of maternity benefit to a woman worker for all the days in a week provided in section 5(3) of the act irrespective of whether any day in it is a wageless holiday or not.6. .....

Pwd Sc, St and Obc Employees Council and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : (1994)IILLJ1192Bom

..... 'industrial establishment' is defined as under:-'25(l) (a) 'industrial 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 (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) 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 ..... counsel points out further that though the issues regarding the non-compliance of sections 25(f), (g) and (n) and rule 81 of the industrial disputes act as also section 33-a of the act also, the industrial court has not bothered even to mention, leave ..... the complaints and the revisions at the instance of the union is incorrect, then the necessary results must follow and in pursuance of the findings of the industrial court given on the question of section 25(n), the complaints will have to be allowed and the order of the labour court as well as the industrial court will have to be set aside.4. ..... , contended that the termination of the workers was clearly against the provisions of section 33(i) of the industrial disputes act as during the pendency of the conciliation, the workers could not be terminated ..... directed to examine this question also and more particularly in the light of the provisions of sections 20, 21, 22 of the unfair labour practices act. .....

The Malankara Rubber and Produce Co. and ors., Etc., Etc. Vs. the Stat ...

Court : Supreme Court of India

Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399

..... plantations labour act 69 of 1951 treats all plantations ..... board- shall assign on registry, subject to such conditions and restrictions as may be prescribed, the lands vested in the government under section 86 or section 87, as specified below :(i) the lands in which there are kudikidappukars shall be assigned to such kudikidappukars;(ii) the remaining lands shall be assigned to-(a) landless agricultural labourers; and(b) small holders and other landlords who are not entitled to resume any land :provided that eighty-seven and half per cent ..... definition of 'plantation' in section 2(6) of the kerala plantations (additional tax) act of 1960 under which plantation meant land used for growing one or more of the following, namely, cocoanut trees, arecanut trees, rubber plants, coffee plants, tea plants, cardamom plants and pepper vines, and submitted that the state of kerala having placed cocoanut gardens in the definition of plantations in the above mentioned act should not have excluded them from exemption under the act of 1964 and ..... agriculture, such as ihe provisions for threshing floors or the construction of irrigation or drainage channels or the construction of houses for agricultural labourers', the new sub-section (1a) shows that the state did not intend to be bound by the construction placed upon section 96 by the high court and made it clear that the section was not to be so read down thereby keeping in its hand the matter of reservation of land for public purpose of any kind .....

Abraham Thomas Vs. the Presiding Officer, Labour Court and anr.

Court : Kerala

Reported in : [1996(74)FLR2670]; (1997)ILLJ335Ker

..... (as she then was) held that the assumption that only plantation coming within the purview of the plantations labour act, 1951 alone will come within the definition of industry is wrong. ..... 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). ..... under the agricultural workers act, plantations as defined in the plantations labour act, 1951 are excluded. ..... agricultural worker is a person who does agricultural operation in relation to agricultural land, i.e land used for a cultivation but does not include any plantation as defined in the plantations labour act. ..... the kerala agricultural workers act excludes plantations as defined under plantations act from agricultural land. ..... according to the counsel, there is a direct conflict between provisions contained in sections 10 & 12 of the industrial disputes act, a law made by parliament and sections 22 and 25 of kerala agricultural workers act, 1974,a law made by kerala legislature and by virtue of article 254(2), sections 22 and 25 of the state act will prevail. ..... he further submitted that in the light of section 41 of the kerala agricultural workers act, the same will prevail over the provisions of the 1 .d. ..... an 'industry' as per section 2(j) of the industrial disputes act means any business, trade, undertaking, manufacture or calling of employers. ..... the person employed in tapping is an industrial worker falling within the definition of section 2(5). 5. .....