Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 17 other facilities Court: chennai Page 4 of about 138 results (0.089 seconds)

Amirthammal Vs. K. Marimuthu

Court : Chennai

Reported in : (1966)2MLJ506

..... . in the plantation labour act (lxix of 1951) 'child' means a person who ..... . the section more or less in its present form is to be found originally in two parallel enactments: one, statutes governing the presidency towns and the other applicable to the territories outside, the corresponding provision is section 43 of act xiii of 1856 passed by the legislative council of india for regulating the police of the towns of calcutta, ..... the other hand it has been held that the word 'child' used in the section means one who has not attained majority.the learned judge expressed himself in favour of the decisions which gave a wider meaning to the word 'child' observing;in the first place the section itself omits reference to the age of the child, and so to hold that a child means only a minor person would be reading something into the section ..... under section 488 criminal procedure code, observing:it seems to me that the word 'child' has been deliberately used to leave the courts free to order maintenance for such sons and daughters as are unable to earn livelihood for themselves, having due regard to the, class of society to which they belong and other ..... . by section 7 it was enacted that the father and grandfather, and mother and grandmother, and the children of every poor old, blind, lame, and impotent person, or other poor person not able to work, being of sufficient ability, should at their own charges relieve and maintain every such poor person in the manner therein mentioned .....

Bhagwandas Goenka Vs. Union of India (Uoi)

Court : Chennai

Reported in : AIR1961Mad47; 1961CriLJ273; (1960)IIMLJ458

..... example: the indian income tax act (act xi of 1922) sections 19-a, 20-a, 21, 22(2), 22(4), 38 and 51 (c); the madras co-operative societies act (vi of 1932) sections 37(4), 38(2)(b) and 55; the madras general sales tax act, ix o 1939, and the rules framed thereunder, sections 14(1), 15(2) (d) and 19(2) (h) rules 6(9), 6(10) and 82; the madias buildings (lease and rent control) act, xxv of 1949, sections 15 and 16; the muslim wakfs act xxix of 1954, sections 4(4) and 41(1); the indian standards institution (certification marks) act xxxvi of 1952, sections 9 and 14; the plantations labour act lxix of 1951, sections 5 and 36; the requisitioning ..... the strict enforcement of such technical provisions would constitute a grave hardship, particularly to indians abroad who might have to obtain foreign exchange for maintaining themselves, and for other essential purposes.but we do not think that we would be justified in interpreting and enforcing an act of this nature, not with reference to its clear and explicit language, and to the situation of facts to which such language applies, but with reference to ..... it therefore extends not only to compelled production of documents by an accused from his possession, but also to such compelled production of oral or documentary evidence from any other who may become incriminated thereby as an accused in future proceedings.the supreme court held that the pharse "to be a witness" is not merely in respect of testimonial compulsion in the court room but .....

Management of Stanmore Estate Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : (2000)IIILLJ1401Mad

..... very much relied on the following passage in the book study of the working and living conditions of plantation labour in south india (karnataka, kerala and tamil nadu) published by government of india, ministry of labour and rehabilitation, department of labour, new delhi. ..... no dispute that employees' provident funds and miscellaneous provisions act, 1952, has recognised coffee plantation as seasonal establishment as per the definition in section 2(kkk) of the employees' provident funds and miscellaneous ..... as the government after through adjudication and after considering all the relevant materials, rejected the claim of the petitioner-management to declare their establishment as a seasonal establishment under section 25-k(2) of the act, interference by this court under article 226 of the constitution of india is very limited; accordingly he prayed for dismissal of the writ petition. 9. ..... much relied on clause (5) of the features of the plantation labour under the caption 'special feature' at page 5 ..... that the pattern of employment in both the establishments has not been properly taken into consideration by the government the government has erred in ignoring the employment in all other sections of both the sugar societies. ..... take into consideration the employment in other sections. ..... the question would again depend upon other factors which have been referred ..... government during that period of one month, it is possible to employ those persons in the other work, namely, cleaning etc. 17. .....

Commissioner of Income- Tax Vs. K.E. Sundara Mudaliar and ors.

Court : Chennai

Reported in : AIR1950Mad566; [1950]18ITR259(Mad)

..... , at page 713 stated his conclusion in these words: 'in my opinion agriculture connotes the raising of useful or valuable products which derive nutriment from the soil with the aid of human skill and labour; and thus it will include horticulture, arboriculture and sylviculture in all cases where the growth of trees is effected by the expenditure of human care and attention in such operations as those of ploughing, sowing, ..... a casuarina plantation has been held to be agricultural land for purposes of assessment to property tax under section 81, sub-section (3) and (4), madras district municipalities act, in ..... of ordinary experience, at least in this part of the country, that mango, cocoanut, palmyra, orange, jack, arecanut, tamarind and other trees are planted usually in an enclosed land, and that these trees do not yield any fruit or crop in the early years of ..... frequently used in different enactments with different meanings furnished either by way of definition or illustration in the enactments, and cases decided under other enactments have been freely drawn upon by the learned counsel in the course of their arguments in this case. ..... to rely largely upon the decisions which have construed a similar or analogous expression in other acts for interpreting the expression used in section 2 (1), income-tax act. ..... and quarries having been reserved by the state, at any rate in respect of lands other than those comprised in a permanently settled estate, income derived from such sources was not .....

Sivachidamba Ram Vs. Annamalai Mudaliar and anr.

Court : Chennai

Reported in : AIR1984Mad350; (1984)1MLJ419

..... waste vacant or forest land appurtenant thereto, and any house site belonging to the landlord and let to the cultivating tenant under the same agreement of tenancy;' similar definitions occurring in the tamil nadu act were the subject matter of scrutiny for the purpose of finding out an answer for a similar question arising more or less on similar facts. ..... , such basic operations requiring expenditure of human skill and labour on the land itself and (2) other operations which have to be resorted to by the agriculturist and which are absolutely necessary for the purposes of effectively raising the produce from the land, referred to the subsequent operations like protecting the crops ..... thirunavukkarasu (1948) 2 mad u 155 : air 1949 mad 148 to the question which has directly arisen under the act : 'we are not however concerned in this case with any such provision of the transfer of property act, or whether a lease of usufruct from trees will be immovable property-, what we have to see is whether there has been a lease ..... not a decision rendered on the question as to when a person could be a cultivating tenant with reference to the provisions of either the tamil nadu act, or the act, on a construction of which alone an answer to the question could be found, as done the bench in govindasami v. ..... there is a further test contemplated under the act and that is, the tenant must contribute his own physical labour or that of any member of his family in the cultivation, so that he could become .....

Anaimalai National EstateWorkers Union representedby Its General Secre ...

Court : Chennai

Reported in : [2002(95)FLR427]; (2003)ILLJ44Mad

..... strenuously pleaded that the very survival of the plantations was becoming impossible and in fact, the labour wing were fully aware of the position and that is the reason why the union in other areas had come to amicable settlement agreeing for ..... punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending;' 39.section 33(1) makes it mandatory that during pendency of the proceedings under the act, the existing conditions of service shall not be altered to the disadvantage of the employee save with the express permission in writing of the authority before which the proceeding ..... above writ petitions are allowed with liberty to the respondents to move the conciliation officer for permission under section 33(1) of the act before altering the conditions of service and till then, the respondents are bound to comply with the ..... therefore, to reduce the wages to which the workers are accustomed to, without even seeking the statutory permission from the authorities before whom the dispute is pending as required under the act, would be in my opinion sufficient to f.m.ibrahimstop the management from raising the contention of alternate remedy.45.the necessity of seeking permission of the authority during the pendency of the dispute is ..... condition of service in relation to a workman providing better facilities to workmen to discharge their duties properly and maintain their .....

Valparai Adidravidar Thotta Thozhilar. Vs. the Secretary to Government ...

Court : Chennai

..... settlement will not give rise to any claim or proceeding by any one, statutory or otherwise relating to the quantum of wages paid during the period or the fringe benefits or any other benefits payable on any component and it will totally take away the statutory benefits agreed to the workman for the period from 15.06.2008 to 30.05.2011 and hence, the settlement should be abrogated.7. ..... of labour brought to the notice of plantation owners that the wages agreed to between the management and the workers were less than the minimum rates of wages and the settlement signed by them are not in conformity with the provisions of the minimum wages act, 1948 and the industrial disputes act, ..... of india praying for a writ of certiorari, calling for the entire records pursuant to the settlement in r.c.no.c/2884/2011 under section 12(3) of the industrial disputes act dated 01.07.2011 on the file of the third respondent, quash the same.o r d e r1. ..... section 12(3) of the i.d.act did not seek for declaration that it is only binding on the parties to the dispute and not others ..... other hand started entering into settlement under section 18(1) of the i.d.act ..... union, representing the workers of various estates operated by respondents 7 to 13, challenging the settlement signed under section 12(3) of the industrial disputes act, 1947 dated 01.07.2011 between respondents 7 to 13 on the one side representing the management and respondents 14 to 25, the trade unions representing the workers on the other side.2. .....

The Management of Tata Tea Ltd. Vs. the Presiding Officer and S. Kumar ...

Court : Chennai

Reported in : (2009)IIILLJ693Mad

..... when the complainant herself came forward to give evidence and whose evidence could not be impeached in cross-examination, which was supported by other witnesses, who came to know about the incident as well as the management's preliminary enquiry can be a sufficient evidence to hold the second respondent guilty of misconduct. ..... the findings of the labour court that the second respondent may be a 'workman' within the meaning of section 2(s) of the industrial dispute act, does not call for interference. ..... it was also stated by the labour court that the two women plantation workers, namely rajathi and kalyani stated that they were not aware of the complaint in ex.m.7. ..... the writ petition was admitted on 7.4.2000 and an interim stay was granted with a condition that the petitioner management deposits 50% of the backwages and also complies with monthly payments under section 17b of the industrial dispute act provided the second respondent files an affidavit that he was not gainfully employed anywhere. 4. ..... the victim rajathi, who was a woman plantation worker in her chief examination has clearly spoke about the act of the sexual harassment made by the second respondent. ..... the allegation against the second respondent was that he had misbehaved with a temporary woman plantation worker and offended her modesty by using bad language. .....

Sridharan Motor Service Vs. Industrial Tribunal and ors.

Court : Chennai

Reported in : (1959)ILLJ380Mad

..... the only thing is that if he is required to work overtime he must be paid extra wages and this extra will be computed at one and a half times the ordinary rate of wages in the case of agricultural and plantation labour and at double the ordinary rate in every other case. ..... lakshminarayana reddi next said that under section 33 of the industrial disputes act, as amended in 1956, an employer is prohibited from altering to the prejudice of the workmen concerned the conditions of service applicable to them during the pendency of proceedings before a labour tribunal in regard to any matter connected with the dispute and that when the management revised the time tables on 31 may 1957 it did so alter the conditions of service and that, as it had thus transgressed the ..... , observed:the tribunal before whom such an application for permission is made under section 22 of the act would not be entitled to sit in judgment on the action of the employer if once it came to the conclusion that a prima facie case had been made out for dealing out the punishment to the workman ..... the management dismissed the workers against whom charges had been framed and then filed an application under section 33(2)(b) of the industrial disputes act, 1947, before the tribunal for approval of the action which it had taken. ..... tribunal, however, would have no jurisdiction to go into that question and the only function of the tribunal under section 22 of the act would be to either grant the permission or to refuse it. .....

South India Estate Labour Relations Organisation by Its Secretary, Rep ...

Court : Chennai

Reported in : AIR1955Mad45

..... there was an attempt to settle the matter by negotiation; and there were conciliation proceedings on 16th, 17th and 19th october 1951; but they ended in failure; and on 6-11-1951 the labour commissioner reported to the government that the matter could be settled only by adjudication by a tribunal; and the reference in question was made in pursuance of this report. ..... of madras appointed under section 5(l)(b), minimum wages act, a committee for fixing minimum wages in plantation and acting on their report, fixed minimum wages by g.o. no. ..... on the other hand, the object' of act 11 of 1948 is to protect unorganised and dumb labour from being exploited and for achieving that object the government is to take action suo motu and fix wages within the time mentioned in the statute. ..... if, on the one hand, the general presumption must be against such a repeal on the ground that the intention to repeal, if any had existed would have been declared in express terms, so, on the other, it is not necessary that any express reference be made to the statute which is to be repealed. ..... the argument is that they are not workmen as defined in the act and that there is no jurisdiction to refer the disputes of persons other than workmen for adjudication by the tribunal. ..... and there are other difficulties as well in accepting even the limited contention of the petitioner that it is the fixation of wages under act 11 of 1948 that takes the subject-matter out of the operation of act 14 of 1947. .....