Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 17 other facilities Page 1 of about 2,433 results (0.131 seconds)

Present: Mr. R.S.Sihota Senior Advocate with Vs. Presiding Officer Ind ...

Court : Punjab and Haryana

..... not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 to 1951).or (2) to (8) not relevant (9) any activity, being an activity carried on by a cooperative society or a club or any other like body of individuals, if the number of persons employed by the cooperative society, club or other like individuals in relation to such activity is ..... ).whether or not- (i)any capital has been vested in for the purpose of carrying on such activity or (ii)such activity is carried on with a motive to make any gain or profit and includes - (a) any activity of the dock labour board established under section 5-a of the dock workers (regulations kumar parveen 2013.08.23 15:52 i attest to the accuracy and integrity of this document high court, chandigarh cwp no.8809 o 8. ..... before i deal with the contentions raised by the learned counsel for the parties, it would be appropriate to re-produce section 2 (j) of the act to which reference has been made by learned counsel for the petitioner which reads as under: 2 (j) 'industry' means any systematic activity carried on by cooperation between an employer and his workmen (whether such ..... (i)to open collections/grading centres and to provide cheap transport facilities primarily to its members.the carriage of their produce either to the society or any another market; (ii)to undertake outright purchases in case of need; (iii)to collect market intelligence from the various mandies supply .....

The Cachar Chah Sramik Union Silchar, Assam Vs. the Management of the ...

Court : Supreme Court of India

Reported in : AIR1966SC987; [1966(12)FLR153]; [1966]2SCR344

..... the official team recommended conversion of food concessions into cash, arrangement for credit facilities through suitable co-operative banks and postponement of the implementation of the plantation labour act for a period of two years. ..... (a)(i) the manager may at any time in the event of fire, catastrophe, break down of machinery, stoppages of power or supply, epidemic, civil commotion, strike, extreme climate conditions or other causes beyond his control, close down either the factory or field work or both without notice. . . . . . . . ..... the relevant portion of clause 8 reads as follows : 'closing and re-opening of sections of the industrial establishments, and temporary stoppages of work, and the rights and liabilities of the employer and workmen arising therefrom. ..... it has been found by the industrial tribunal that there was a sudden slump in the price of tea in the world markets, that the recession of prices of tea commended in the middle of 1951 and continued during the whole of 1952 for a period of about 18 months. ..... during the period from june, 1951 to march, 1953 the entire tea industry in the cachar district of assam was subject to an unusual economic crisis. ..... fluctuations commenced in the middle of june, 1951 and there was a rather rapid decline in prices of tea in november, 1951. ..... in the year 1951 there was a sudden recession in the world price of tea. ..... on october 30, 1951 to 1-2-11 per lb. ..... the report of the committee was submitted on january 4, 1951. .....

New Ambadi Estates Pvt. Ltd. Vs. State of Tamil Nadu

Court : Chennai

Reported in : (2002)175CTR(Mad)640; [2002]256ITR64(Mad)

..... the authorities disallowed this expenditure on the ground that the plantation labour act does not provide for mid-day meals to the labourers and hence, it is not an admissible expenditure. ..... it was contended by counsel for the petitioner, that the bills discounting overdraft facility for which interest was paid was utilised and availed of as a matter of business practice; it is common in all estates. ..... the contention of counsel is not acceptable; onus is not on the authorities to prove that it has been used for personal usage; on the other hand, it lies on the petitioner who claims that it was not used for personal usage. ..... counsel pointed out that the patna high court held that the assessee is not entitled to claim deduction of printing and stationery charges from his gross agricultural income under section 7 of the bihar agricultural income tax act, 1948. ..... of the agreement; further, counsel submitted that the appellate tribunal instead of sustaining the entire disallowance of interest expenses ought to have remanded the issue for ascertaining as to what portion of interest payments should be considered under sections 5(e) and 5(k) of the tamil nadu agricultural income tax act. ..... but under section 5(e) of the tamil nadu agricultural income tax act :'any expenditure incurred in the previous year (not being in the nature of capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for the purpose of the land; (from which the .....

Kerala Plantation Workers Federation and anr. Vs. Union of India (Uoi) ...

Court : Kerala

Reported in : 2009(2)KLJ724

..... s.66025/4/2004-ir(pl) dated 12-9-2008 of the government of india, ministry of labour and employment, new delhi to the effect that the cabinet has approved the amendment of section 2(k)(ii) of the plantation labour act, 1951 and that the bill containing the amendment proposal is 'likely to be introduced in the ensuing session of parliament'.7. ..... 750/- as the maximum ceiling under section 2(k)(ii) of the plantation labour act, 1951 is declared as 'ultra vires' to the constitution of india in the present day context and hence. ..... constitutional validity of section 2(k)(ii) of the plantation labour act, 1951 (hereinafter referred to as the 'act') fixing the ceiling of the monthly wages as rs. ..... 750/- per month, so as to avail the benefit provided under the act by virtue of the above anomalous situation, the workers for whose benefit the act was brought about, are prevented from pursuing their rights and remedies under the relevant enactments, which govern the field in respect of the workers in other fields (like esi act); simultaneously disabling them from enjoying the benefits of the act itself, they having been taken outside the purview ..... preetha, the learned counsel for the petitioners, the act is an exhaustive self-contained one, providing for the health measures such as drinking water, conservancy, medical facilities as enlisted under chapter iii, welfare measures such as housing facilities, etc. .....

Vaikuntam Estate (Represented by S.S. Sarma, Former Superintendent, No ...

Court : Chennai

Reported in : (1968)ILLJ93Mad

..... number (42) of workers of the estate filed claim petitions under section 33c(2) of the act contending that they were permanent field workers in the estate which maintains a plantation, that they had been denied several benefits to which they were entitled under the provisions of the plantations labour act, 1951, by the management, and that the right to these benefits ..... directly traceable as benefits conferred under the plantations labour act, but benefits which other enactments confer-red upon the workers, like the provident fund acts and the award of the wage board. ..... as per interim wage award passed by the wage board are not strictly benefits under the plantations labour act, but benefits under other enactments or awards, and therefore inclusion of these amounts in the claim by the workers must also ..... compulsory solution is likely to be the most just, if need be with due reference to public interests.the arbitrator in the present case was just fled in finding out the practice in other estates regarding the question whether permanent workers were allowed to work in the field section especially in view of the fact that the management had contended that the workers were working in the field ..... regarding the argument that the arbitrator took into account the result of enquiries made by him in other estates and also hit questioning one sri george, the previous superintendent of the vaikantam estate, it appears to me that such enquiries cannot be considered to be beyond the scope of .....

Thangaraj P. Vs. Oothu Estate and anr.

Court : Chennai

Reported in : (2002)ILLJ331Mad

..... we also find that the second respondent labour court also thoroughly misled itself by stating that the appellant had every justification for putting up the construction in the land belonging to the first respondent, inasmuch as according to the second respondent the appellant was not provided with the required residential quarters as required under the provisions of the plantations labour act and therefore there was nothing wrong in the appellant putting the construction on his own ..... for the provision of accommodation if such acts of misconducts are allowed then the consequences would be that a large work force would start putting up construction all over the estates and the petitioner would have no control over such constructions and the consequence would be disastrous and the net result will be to encourage encroachment of the petitioners' property and unauthorised construction of structures by the employee in total violation of the plantations labour act and the rules. ..... besides, the appellant had put up some unauthorised construction in some other land belonging to the first respondent which have been put into commercial use by him. ..... on the other hand, in the domestic enquiry it appears that one of the defence witnesses, viz., d. w. ..... in other words, according to the learned counsel, when the construction in the disputed site was put up by the appellant's father with the full authority of the permission granted by the then administrator of the first respondent, there .....

The Planters Association of Tamil Nadu. Vs. the Secretary to Governmen ...

Court : Chennai

..... state government by g.o.ms.no.65, labour and employment department, dated 25.04.2005 had issued the following notification in the tamil nadu government gazette which reads as follows :notificationthe following draft of an amendment to the tamil nadu plantations labour rules, 1955, which it is proposed to issue, in exercise of the powers conferred by sub-section (1) of section 43 read with section 18 of the plantation labour act, 1951 (central act lxix of 1951) is hereby published for information of all the persons likely to be affected thereby as required by sub-section (1) of section 43 of the said act.2. ..... any rule framed by the rule-making authority going beyond its statutory functions must necessarily be held to be ultra vires and inoperative at law.26.....in other words, rule-making power under section 49(1)(ah) deals with a situation which is post-enrolment of an advocate and does not deal with pre-enrolment situation for a candidate seeking enrolment......33.he further referred to a judgment of the supreme court in ahmedabad urban ..... the second objection was that under section 43(3) of the pl act, all rules made under this act, if made by any government other than the central government, will be subject to the prior approval of ..... were received from other plantation managements and unions ..... on the other hand, by invoking section 23 of the general clauses act, the petitioners only contended that their objections should be considered and they have also forwarded their objections .....

The Managment of the Vaikundan Estate, Represented by Sri S.S. Sarma, ...

Court : Chennai

Reported in : (1968)1MLJ202

..... a number of workers of the estate (42) filed claim petitions under section 33-c(2) of the act, contending that they were permanent field workers in the estate which maintains a plantation, that they had been denied several benefits to which they were entitled under the provisions of the plantations labour act, 1951, by the management, and that the right to these benefits should be determined and their ..... , as per interim wage award passed by the wage board-are not strictly benefits under the plantations labour act, but benefits under other enactments or awards and therefore, inclusion of these amounts in the claim by the workers must also be construed as beyond the ..... these two items are not directly traceable as benefits conferred under the plantations labour act, but benefits which other enactments conferred upon the workers, like the provident fund act and the award of the wage board. ..... adopted by the parties or what compulsory solution is likely to be the most just, if need be with due reference to public interests.the arbitrator in the present case was justified in finding out the practice in other estates regarding the question whether permanent workers were allowed to work in the field section especially in view of the fact that the management had contended that the workers were working in the field ..... , even if one were to exclude the items of information above referred to, there were other data before the arbitrator and which he has-referred to in the award, for supporting .....

K.T. Thomas, Etc., Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1979)IILLJ290Ker

..... 75/72/lbrdated, trivandrum, 19.8.72in exercise of the powers conferred by sub-section (5) of section 1 of the plantations labour act, 1951 (central act 69 of 1951), the government of kerala hereby declare that all the provisions of the said act shall apply to each and every component part of any land to which the provisions of the act were applicable on the 1st day of april, 1954, the date on which the said act came into force notwithstanding that such component pars admeasures less than 10.117 hectaret or less ..... writ petitions challenge the vires of section 1(5) of the plantations labour act, 1951, and the notification issued thereunder. ..... -(4) it applies to the following plantations, that is to say,-(a) to any land used or intended to be used for growing tea, coffee, rubber or cinchona which admeasures 10.117 hectares or more and in which thirty or more persons are employed or were employed on any day of the preceding twelve months:(b) to any land used or intended to be used for growing any other plant, which admeasures 10.117 hectares or more and in which thirty or more persons are employed or were employed on any ..... may notice two further limitations provided, one, in clause (b) of sub-section (4) and the other in the proviso to sub-section (5) of the said section. ..... under clause (b) of sub-section (4) the approval of the central government referred to earlier is needed only if the provisions of the act are to be extended to lands other than used for growing tea, coffee, rubber or .....

Tata Tea Limited, Velonie Estate Vs. the State of Tamil Nadu Represent ...

Court : Chennai

..... plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act lxix of 1951 ..... being in force, unless and until the government, invoking its power under s.9 of the permanent status act exempts conditionally or unconditionally any employer or class of employers or ..... --[for the purposes of computing the continuous service referred to in sub-sections (1) and (2), a workman shall be deemed to be in continuous service during the days on which --];(i) he has been laid off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946 (central act xx of 1946) or under any other law applicable to the industrial establishment;(ii) he has been on leave with full wages, earned ..... clause(e) of sub-section (3) of section 3 of the permanent status act, it goes without saying that the provisions of the said act are applicable, in construing the conferment of permanent status to any workman, who fulfills the criteria as laid down under sub-section (1) of section 3 thereof, in the sense of completion of continuous service for a period of 480 days in a period of 24 calendar months, notwithstanding anything contained in any other law for the time .....