Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 17 other facilities Court: chennai Page 1 of about 138 results (0.126 seconds)

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 .....

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 .....

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 .....

The Management of Injipara Estate Vs. Thyilammal W/O. Late Arjunan

Court : Chennai

Reported in : (2008)1MLJ1103

..... that arjunan died during the course of his employment and that the respondent/claimant is entitled to compensation as per amended section 16a and 16b of plantations labour act, the wife of the deceased arjunan has filed the application claiming compensation of rs. ..... counsel for the appellant-management nextly contended that the petition has been filed under section 16a and 16c of plantations labour act, whereas, the deputy commissioner of labour has retracted from the contents in the petition and has erroneously awarded the compensation under workmen's compensation act. ..... admitted on the following substantial questions of law : i.whether the application for compensation filed by the respondent was maintainable in terms of section 3 of workmen's compensation act ii.was the death of the respondent's husband due to accident arising out of and in the course of his employment under the appellant iii.is the claim of the respondent maintainable under section 16a of the plantations labour act 6. ..... , there was no collapse of the door or roof of the house and therefore, the claimant is not entitled to claim compensation under section 16a(1) of plantations labour act.4. ..... case of the respondent/claimant is that her husband arjunan along with others were sleeping at the residential quarters allotted by the management of injiparai estate ..... the deceased arjunan had loudly called others and at that time, the elephant got wild and are said to have thrown a water pot with water and attacked the deceased .....

S.Sundar and ors. Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... motor transport workers act, 1961 (central act 27 of 1961); or (d) a beedi industrial premises as defined in clause (i) of section 2 of the beedi and cigar workers ( conditions of employment) act, 1966 (central act 32 of 1966); or (e) an establishment as defined in clause (6) of section 2 of the tamil nadu shops and establishments act, 1947 (tamil nadu act xxxvi of 1947); or (f) a catering establishment as defined in clause (1) of section 2 of the tamil nadu catering establishment act, 1958 (tamil nadu act xiii of 1958); or (g) any other ..... , or where no authority is so appointed, the head of the department; (c) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment; (2) government means the state government; (3) industrial establishment means-- (a) a factory as defined in clause (m) of section 2 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 xlix of 1951); or (c) a motor transport undertaking as defined in clause (g) of seciton 2 of the .....

Oothu Estate, Singumpatti Group Vs. Presiding Officer, Labour Court an ...

Court : Chennai

Reported in : (2001)ILLJ803Mad

..... inter alia it is also contended by them that the labour court failed to see that as per section 15 of the plantation labour act, 1951, every employer shall provide and maintain necessary housing accommodation for every worker residing in the plantation as per the rules framed by the state government under section 16 of the said act, that the labour court failed to see that merely because the accommodation provided by the management is not sufficient that would not empower the worker to put up ..... per contra, in the counter-affidavits filed by the second respondents, they have rebutted all the material allegations levelled against them one after the other and ultimately they have requested this court to dismiss the writ petitions for want of merit, since according to them the impugned awards are in order and in accordance with ..... have perused the contents of the affidavits and the counter-affidavits together with all other relevant material documents available on record in the form of typed set of papers ..... , the labour court passed the impugned awards, dated december 29, 1992, directing reinstatement of the second respondents herein with back-wages and continuity of service and other attendant benefits ..... aggrieved by the said award, having no other alternative, the petitioner herein has come forward with the present ..... the first respondent passed the impugned awards in favour of the workmen by ordering reinstatement with back-wages and continuity of service and other attendant benefits. .....

The Management of State Farms Corporation of India Ltd., Melchengam We ...

Court : Chennai

Reported in : (1997)ILLJ20Mad

..... - 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)'. ..... the subsequent proceeding when the second respondent and others raised an industrial dispute, the petitioner has specifically taken the plea that the farm is not an industry within the meaning of section 2(j) of the industrial disputes act. ..... 160 iii (a) the learned judges have observed as follows : '(a) the consequences are (i) professions, (ii) clubs, (iii) educational institutions (iv) co-operatives, (v) research institutes (vi) charitable projects and (vii) other kindered adventures if they fulfil the triple tests listed in i (supra), cannot be exempted from the scope of section 2(j). ..... filling up of vacant posts : the management agree that other things remaining the same and without undermining the rules and regulations in force relating to recruitment, qualified persons from among the workmen will be considered for filling up of vacant posts by the management ..... the amendments 2(j) will have sub-section 2(j)(1), which is as follows : '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. ..... apart from the second respondent, 32 others also raised their dispute against the .....