Court : Guwahati
..... the said case, according to the inspector, the employer was liable to be prosecuted under section 36 of the plantation labour act, 1951. ..... section 2(e) of the act defines the expression 'employer' under : '2(e) 'employer' when used in relation to a plantation means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, a manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation ;' it is submitted that no allegation whatsoever has been annexed with the complaint petition to the ..... from the terms of section 2(e), it is clear that only such person who has ultimate control over the affairs of the plantation is an employer except in case of affairs of any plantation are entrusted to any other person where such other person may be deemed to be the employer in relation to the plantation. ..... effect that the present petitioner in the capacity of the director has the ultimate control over the affairs of the plantation and that the .....
Tag this Judgment!Court : Guwahati
..... the said case, according to the inspector, the employer was liable to be prosecuted under section 36 of the plantation labour act, 1951. ..... section 2(e) of the act defines the expression 'employer' under : '2(e) 'employer' when used in relation to a plantation means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, a manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation ;' it is submitted that no allegation whatsoever has been annexed with the complaint petition to the ..... from the terms of section 2(e), it is clear that only such person who has ultimate control over the affairs of the plantation is an employer except in case of affairs of any plantation are entrusted to any other person where such other person may be deemed to be the employer in relation to the plantation. ..... effect that the present petitioner in the capacity of the director has the ultimate control over the affairs of the plantation and that the .....
Tag this Judgment!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 ..... 'employer' has been defined in section 2(e) of the act as follows:'employer', when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantations, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relations to that plantation.10. ..... 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. ..... said complaint a sanction letter dated october 10, 2007 for prosecution of the petitioners granted by the chief inspector of plantation, assam, is also enclosed along with other documents.5. .....
Tag this Judgment!Court : Guwahati
..... through the amending act 34 of 1960 in the plantation labour act, 1951, the t.e. ..... doctor where the plantation labour act applies, shouldnt be the guiding principle to decide the status of ..... the kanchi sankara health and educational foundation (sri sankardeva nethralaya) (hereinafter referred to as the management) challenges the award dated 1.3.2007 (annexure-13 in the reference case no.2/2006 rendered by the learned labour court, guwahati, whereby the termination of the respondent no.3 with one months notice was held to be illegal and consequential direction was issued to reinstate the respondent as the senior consultant (anesthesiologist) with 50% ..... subsequently excluded from the definition of workmen under section 2(k) of the plantation labour act. ..... referring to the amendment brought through the amending act 46 of 1982, whereby definition of industry under section 2(j) was substituted by excluding hospitals from the preview of the definition, the declaration of sri sankardeva nethralaya as an industry is also challenged by the management-petitioner ..... college vellore association, air 1988 sc 37, is applicable and there is no change on the applicable principle, i find that the labour courts opinion that the sri sankardeva nethralaya is an industry under the i.d. ..... before dealing with the other aspects, it may be appropriate first to decide whether the nethrayala hospital should be placed outside the definition of industry , by application of the changed definition incorporated in .....
Tag this Judgment!Court : Guwahati
Reported in : [2008(117)FLR1077]
..... is guilty of willful insubordination and disobedience as she defied the management's order to vacate the quarter illegally occupied by her and accordingly her act is covered by clause 10(a)(i) of the standing orders.the learned counsel further submits that under the provision of rule 65 of the assam plantation labour rules, 1956, hereinafter referred as the 'plantation rules, 1956', husband and wife cannot claim separate quarter and since the husband jadu tati was allotted a quarter by the ..... applied for a separate quarter and should not have occupied the quarter on her own, without due allotment.it is further submitted that exercise of the powers under section 11-a of the industrial dispute act, hereinafter referred to as the 'id act', by the learned labour court, was not justified since the learned labour court found the inquiry ' to have been proper and valid and since it is not a case of victimization by the management, the impugned reinstatement order with full ..... section 11-a of the industrial dispute act empowers a labour court to set aside a dismissal order and direct reinstatement if in a given case it is satisfied that the order of discharge was not justified. ..... on this reasoning the learned labour court interfered with the dismissal order and directed reinstatement of the workman by exercising power conferred under section 11-a of the industrial dispute act.11. .....
Tag this Judgment!Court : Guwahati
..... ) was pressed into service to put emphasis that the assam plantation labour act, 1951 and the rules of 1956 framed thereunder would prevail over the provisions of the companies act, 1956. ..... placing reliance on the aforesaid provisions of the plantation labour rules, the petitioner asserts that in view of the ..... according to him, the assam plantation labour rules, 1956 being a beneficial legislation, the provisions thereof are ..... to retain and occupy the quarter allotted to him by the management by virtue of rule 66 of the assam plantation labour rules, 1956. ..... case that rule 66(1)(iii) of the rules, 1956 does not provide for stay of any proceeding of eviction when a workman is dismissed and his case is not referred under section 10 of the industrial disputes act and that the rule also does not empower the court to stay any proceeding during the pendency of any conciliation proceeding. ..... baruah, learned counsel for the complainant/respondent, namely atul mathur (supra), apex court observed that the purpose of enacting section 630 of the companies act, 1956, is to provide speedy relief to a company when its property is wrongfully obtained or wrongfully withheld by ..... , it is his grievance that unlike others, his service was not extended by the ..... the petitioner that on receipt of notice of superannuation, he submitted a representation before the management of the company seeking extension of his service beyond the age of superannuation as was purportedly done in case of many other workmen. .....
Tag this Judgment!Court : Guwahati
..... renovated garden's quarter, the learned court below took note of the evidence of the workman to the effect that the new quarter was also not fit or as per the specifications prescribed by the plantation labour act. ..... the domestic inquiry, the management in its written statement pleaded that the charges having been proved, it had no other alternative but to dismiss him from the services of the company. ..... court is not supposed to exercise an appellate jurisdiction over the adjudication of the labour court and substitute its conclusions on a reappraisal of the recorded facts. ..... argued that the respondent-workman in his written statement, having admitted the charge, the conclusion of the learned labour court that his dismissal was not justified, is perverse. ..... apparently, it's finding on the role of the assistant labour commissioner, jorhat, in directing the workman to be punctual, has no decisive bearing on ..... the scope of interference with the findings of a labour court in exercise of the powers under article 226 of the constitution of india, ..... unless, the conclusions recorded by the labour court are ascertained to the patently bad and against the evidence of record or suffer from obvious errors of law, the same are not liable ..... 6 of 2004, was registered and the labour court, assam having issued notices to the parties, they appeared and put in their written statements and documents in support of ..... the other members of the staff then arrived at ..... workman examined himself and two other witnesses. .....
Tag this Judgment!Court : Guwahati
..... he points out that there is an industrial dispute pending before the industrial tribunal in respect of the dismissal of these employees and that under rule 66 framed under section 16 of the plantations labour act, 1951, the two employees were entitled to remain in occupation of their respective residential quarters which they have been occupying, until disposal of the matter.the other reason which the learned additional dist. ..... observed that in cases of emergency, private rights should not stand in the way of an order under that section where the magistrate thought that, in the circumstances of a particular case, such an order was necessary to preserve public peace.the allegations in this case were that the opposite parties employees were fomenting trouble in the labour circle working in the tea estate, and the learned counsel for the petitioner relies on the police report in support ..... it is true that if the magistrate thinks that immediate prevention or speedy remedy is desirable, he is entitled to make an order under section 144, cr.pc directing any party to abstain from a certain act, or to take certain order with certain property in his possession or under his management.that, the magistrate can always do so when such an order is necessitated by the circumstances of a particular case to prevent obstruction, annoyance or injury to any person .....
Tag this Judgment!Court : Guwahati
..... of the workmen, it was claimed that the management had denied the due facilities under the plantation labour act and the rules to the workmen and this is why the t.e. ..... in this case from the developments leading to the lockout notice, what is seen here is that the assistant manager and other management staff were physically assaulted by the workmen and the belligerent group illegally confined the managerial employees. ..... as the issue was getting out of control, the intervention of the deputy commissioner and the assistant labour commissioner, silchar were sought and a joint meeting was held on 22.05.1996 in the conference hall of the silchar d.c ..... but although cooperation of the workmen was requested for resumption of work, further obstruction were created by a section of the workmen who resisted the restoration of normalcy in the t.e. ..... earlier a reference was made under section 10 of the industrial dispute act, 1947 (hereinafter referred to as the i.d.a ..... but because of the belligerent attitude of a section of the workmen, the t.e. ..... considering the serious obstruction to resumption of work by a section of the t.e. ..... on 08.05.1996, a section of the workers went on rampage by forcing open the factory gate, entering the factory premises and assaulting the factory staff ..... before the industrial tribunal contended that a section of the t.e. ..... thereafter, a tripartite agreement was arrived at on 11.07.1996 between the management and the mazdoor sangha before the assistant labour commissioner, silchar. .....
Tag this Judgment!Court : Guwahati
..... used for agricultural purpose, the tribunal came to the concluding that the wood "agriculture" in section 2(1) of the indian income-tax act should be interpreted in its narrower sense so as to include within its ambit only cases where plantation or sowing was done or where human skill and labour we employed in the actual cultivation of the soil and decided that only one question arose ..... nature, clothed hills and dales and wild tracts with more fruitful and productive vegetation - productive not merely on account of its food value but also because of its utility in various other commerce of life.where, therefore, human labour and skill is so employed to exploit the and to its best advantage and make it yield to its products or things rowing on the land, its maximum nutriment, - be ..... agricultural in character.it would appear that the statement of the assessees as to the manner of the employment of human labour and skills is not disputed.in would appear that the statement of the assessee as to the manner of the employment of human labour and skill is not disputed.in a petition dated 22nd june, 1951, put in by the applicant in answer to the draft statement of the case a detailed description of the operations ..... . it is claimed by the applicants in their petition which was filed before the tribunal on 22nd june, 1951, in reply to the draft statement of the case, that the following activities with reference to the forest were taken recourse to :(a) reservation of blocks of forest commonly .....
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