Court : Guwahati
..... in 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 ..... ' simply because a person happens to be president of the company, it cannot be said that he is also in the control of the affairs of the plantation, more so in case of companies owning a large number of plantations (tea gardens) spread all over the country. ..... here also the company own a large number of plantations spread all over the country and there is also nothing in the complaint or in the sanction to show that the present petitioner, who is the director of company, was having any control over the affairs of the plantation and it is clear that in the instant case the manager is looking after the affairs of the plantation. .....
Tag this Judgment!Court : Guwahati
..... in 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 ..... ' simply because a person happens to be president of the company, it cannot be said that he is also in the control of the affairs of the plantation, more so in case of companies owning a large number of plantations (tea gardens) spread all over the country. ..... here also the company own a large number of plantations spread all over the country and there is also nothing in the complaint or in the sanction to show that the present petitioner, who is the director of company, was having any control over the affairs of the plantation and it is clear that in the instant case the manager is looking after the affairs of the plantation. .....
Tag this Judgment!Court : Chennai
..... 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. ..... of the contentions, it is necessary to refer to the plight of the plantation labours over the years.10.1. ..... rules were framed by the state government for the appointment of welfare officers in plantations wherein 300 or more workers are employed and to frame necessary draft rules for appointment of welfare officers in plantations wherein 300 or more workers are employed by prescribing the duties, qualifications and conditions of service of the welfare officers as per section 18 of the plantations labour act 1951 based on that the state government has addressed to the government of india for approval ..... , while notifying the provisions of welfare officers in the state of tamilnadu, government of tamilnadu has taken permission under section 43(3) of the plantations labour act, 1951 from the government of india and vide this ministry's letter no.s-66012/1/2005-ir(pl) dated 28.02.2005, permission has been granted .....
Tag this Judgment!Court : Kerala
Reported in : AIR1998Ker285
..... 66/1975).in column (i) the following relevant particulars connected with the dispute were furnished which read thus :'plantations held by the applicant were parts of the erstwhile laurels estate and panduranga estates which on an oral partition between the co-sharers 25.17 acres in laurels estate and 34.78 in panduranga estate was set apart to the ..... p8 found that 40.75 acres are covered by coffee plantation liable to be exempted fur fixing the ceiling area under the kerala land reforms act and out of the balance 17.90 acres, the ceiling area applicable to the petitioner/2nd appellants herein is 15 acres and the remaining 2.90 acres of land is liable to be surrendered by the ..... tribunal proceeded to hold that the claimants are not entitled to exemption under section 3(3) of the act and that the land covered by ext. ..... p4 properties and hence sanction of the collector under section 3(3) of the act was necessary and held that for want of such sanction, ext.p4 is not ..... ab'out 35 acres (14 hectares) of land is under plantation and the rest is being utilised as drying yard, water source and nursery ..... is then that the tribunal could determine whether there is any excess land over the ceiling limit held by the claimant. ..... applicant is not having any residential building smoke house or labour quarters. ..... p4 is dated 18-6-1951, which is the sale deed obtained by the predecessors in interest of the appellant in respect of panduranga estate measuring 416 acres and 69 cents, bearing ..... 1435 of 1951 ' ' 5. ' .....
Tag this Judgment!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. ..... 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. ..... therefore, the expenses for printing and stationery cannot be said to not fall under section 5(e) of the act. ..... expenditure was allowable under section 5(e) of the tamil nadu agricultural income tax act. ..... 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 ..... appellate authority has found that the 'company has not tried to establish the interest amount under section 5(e) or 5(k)' according to the ingredients stipulated therein, whether the expenditure is 'revenue in nature, as specified under section 5(e) and (k)'. .....
Tag this Judgment!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 ..... 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 ..... constitutional validity of section 2(k)(ii) of the plantation labour act, 1951 (hereinafter referred to as the 'act') fixing the ..... the next paragraph (paragraph 5;) of the counter affidavit that the amendment proposal to the plantations labour act, 1951 was under active consideration of the government; it was discussed in the meeting of the 'tripartite industrial committee on plantation industry' held on 3.4.2002 and as decided in the meeting, an 'inter-ministerial committee' with the representative of the ministries of commerce, finance and labour and also the state government of assam, west bengal, kerala and tamil nadu was ..... as contended by the petitioners, the position with regard to the minimum wages payable all over india is more ii or less the same as it exists in the state of kerala, making it much above the maximum prescribed under section 2(k)(ii) of the act, though with some minor variations- the factual position in this regard is not put to serious challenge by the union government or state government the counter affidavit filed by .....
Tag this Judgment!Court : Chennai
Reported in : (1968)ILLJ93Mad
..... a 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 should be determined and their quantum also determined. ..... of the law as applied to the rights of parties and in a sense takes the place of a court of law for deciding a dispute between parties but in industrial arbitration, the arbitrator's powers are much wider his enquiries can be spread over a larger field, so that he can decide for himself, the best way to fled out a solution for bringing to an end the dispute referred to here. ..... secondly, his questioning of sri george was also to obtain a relevant piece of information, because sri george was the superintendent of the vajkuntam estate before the present management took over and he had maintained a muster-roll which was available in the office of the present management and which the arbitrator had necessarily to peruse in the context of the settlement of the present dispute. ..... they laid equal stress on their permanency of the employment as well as the period of such permanent employment which continued uninterrupted from the time of the previous management till 1958, when the present management took over the estate, and continued uninterruptedly thereafter. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)ILLJ331Mad
..... 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. ..... 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 ..... circumstances, learned single judge was pleased to hold that everyone of the findings of the second respondent was not supported by any evidence on record and also not in consonance with the provisions of the plantations labour act and the rules framed thereunder. ..... when we put a specific question to the learned counsel for the appellant as to on what basis the second respondent labour court came to give the said finding the learned counsel was not able to refer to any acceptable evidence on record to substantiate .....
Tag this Judgment!Court : Chennai
Reported in : (1968)1MLJ202
..... 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 ..... the workers' union had given notice of a strike on 21st july, 1958, and there was a reference for settlement of the dispute to adjudication under section 10(2) of the plantations labour act, 1951, and the award of the labour court in that connection was published in the gazette on 20th april, 1960. ..... parties and in a sense takes the place of a court of law for deciding a dispute between parties, but in industrial arbitration, the arbitrator's powers are much wider; his enquiries can be spread over a larger field, so that he can decide for himself, the best way to find out a solution for bringing to an end the dispute referred to here. ..... george was the superintendent of the vaikundam estates before the present management took over and be had maintained a muster roll which was available in the office of the present, management and which the arbitrator had necessarily to peruse in ..... employment as well as the period of such permanent employment which continued un-interrupted from the time of the previous management till 1958, when the present management took over the estate, and continued uninterruptedly thereafter. .....
Tag this Judgment!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 than ..... these writ petitions challenge the vires of section 1(5) of the plantations labour act, 1951, and the notification issued thereunder. ..... the plantations labour act is an act passed by parliament to provide for the welfare of labour, and to regulate the conditions of work, in plantations. ..... thirty:provided that no such declaration shall be made in respect of such land which admeasured less than 10.117 hectares or in which less than thirty persons were employed, immediately before the commencement of this act.it would be seen that as a result of the alteration of the above two sub-sections, the act which originally applied only to plantations which admeasured not less than 10.117 hectares, after the approval of the central government, could be made applicable even ..... p1, and which is as follows:government of keralaabstractplantation labour act--section 1(5)--notification-regarding fragmented estates-issued.labour (a) departmentg.o. (ms) no. .....
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