Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 22 spread over Court: kolkata Page 1 of about 240 results (0.109 seconds)

Kharibari Tea Company Limited and anr. Vs. West Bengal State Electrici ...

Court : Kolkata

Reported in : 2006(1)CHN610

..... section and in sections 25c, 25d and 25e, 'industrial establishment' means-(i) a factory as defined in clause(m) of section 2 of the factories act, 1948(63 of 1948); or(ii) a 'mine' as defined in clause (j) of section 2 of the mines act, 1952 (35 of 1952); or(iii) a 'plantation' as defined in clause(f) of section 2 of the plantations labour act, 1951 (69 of 1951 ..... incentive scheme, 1993) only to the extent of additional consumption provided such expansion is certified by the west bengal industrial development corporation and there should be minimum increase of 25% over previous average monthly consumption of energy in any consecutive 12 months period during the preceding three years.to avail of this concession, the concerned industry will have to install a tod ..... , in the decision impugned, a ground has been taken that the petitioner could not satisfy the parameters of granting such concession, namely, increase of 25 per cent over previous average monthly consumption of energy in any consecutive 12 months period during the preceding 3 years to avail the concession of tariff due to expansion of existing industries, which is a condition ..... enjoy concession of tariff for expansion of existing industry as the petitioners failed to satisfy that the minimum increase of energy consumption was 25 per cent over previous average monthly consumption of energy in any consecutive 12 months period during the proceeding 3 years, which was a condition precedent for applicability of 'tariff concession .....

Hotel Hindusthan International Karmachari Union Vs. Hotel Hindusthan I ...

Court : Kolkata

Reported in : 2008(4)CHN567,[2008(119)FLR545],(2009)ILLJ747Cal

..... explanation to section 25a provides that an 'industrial establishment' means - (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 or (ii) a mine as defined in clause (i) of section 2 of the mines act, 1952 or (iii) plantation as defined in clause (f) of section 2 of the plantation labour act, 1951.15. ..... the registrar observed that the appellant did not have the right under section 28a to apply for being recommended as sole bargaining agent under section 28a of the trade union act as the concerned hotel was neither an 'industrial establishment' nor a 'class of industry'. ..... in that view, a direction is given to the registrar that if an application is made under section 28a of the trade unions act, 1926, such application shall be decided in accordance with law treating the hotel as 'industry'. ..... on a combined reading of the aforesaid provisions if we take the definition of section 2(ka) of the said act of 1947 'hotel' would certainly come within the meaning of 'industrial establishment'. ..... we, however, find that section 28a of the said act of 1926 clearly stipulates that an 'industrial establishment' means an 'industrial establishment' within the meaning of section 25a of the said act of 1947. ..... west bengal government framed rules being empowered under the said act of 1926 rule 2(g) specifically provides that 'industrial establishment' would mean an establishment within the meaning of section 25a of the said act of 1947. .....

Hotel Hindustan International Employee's and Workers' Union Vs. State ...

Court : Kolkata

Reported in : 2006(4)CHN188

..... , 25d and 25e, 'industrial establishment' means-(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948); or(ii) a mine as defined in clause (j) of section 2 of the mines act, 1952 (35 of 1952); or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951).section 2(m) - 'factory' means any premises including the precincts thereof-(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on ..... hotel, by its letter dated 21st october, 2005 challenged the jurisdiction of the registrar to take any step for grant of recognition to any trade union operating in the said hotel as the sole bargaining agent under section 28a of the said act on the ground that since chapter iiia of the said act has no application to the said hotel which is neither an industrial establishment nor a class of industry in a local area within the meaning of the said ..... bandopadhyay submitted that since the time-gap between the date of disposal of the respondent's application under section 28a of the said act and the issuance of the certificate of the said act was too short, the petitioner could not submit any application in the prescribed form claiming grant of recognition in favour of the petitioner to the authority before issuance of certificate of recognition in favour of the respondent no. 3.15. mr. .....

State of West Bengal and Anr Vs. Lakshmi Kanta Hazra and Anr

Court : Kolkata

..... on the other hand, learned counsel for the respondents has submitted that the learned single judge has rightly noted the fact that the workers plantations of industrial registered under units the and the factories workers act, 1948 of the and the plantations labour act, 1951 respectively have been discriminated by the addendum dated june 10, 2015 by which tea garden workers who had not crossed sixty years of age on the date of application have been ..... in industrial units registered under the factories act, 1948 and in the plantations labour act, 1951 working conditions of workers are absolutely different in nature. ..... the industrial units should be factories and plantations registered under the factories act, 1948 and the plantation labour act, 1951 in west bengal. ..... learned learned counsel single judge for the failed appellants-state to consider submits that tea that the plantation workers do not have many alternative employment opportunities when the tea gardens are locked out compared to workers of other closed units ..... the learned counsel for the appellants-state has placed before us the definition of factory under the factories act as defined in sections 2(k)or 2(m).however, apart from the reasons given by the learned single judge, we have quoted above the relevant rules from the respective notification which do not support the appellants case. ..... eligibility of workers.on approval of the industrial unit(s) by the committee the labour directorate will isisue notice(s) to this effect. .....

General Fibre Dealers Pvt. Ltd. Vs. Assistant Commissioner of Income T ...

Court : Kolkata

Reported in : (1993)47TTJ(Cal)118

..... of the assam plantation labour act, 1951 and the rules ..... 10 of the plantations labour act, 1951 appears to be more rigorous that if medical facilities are not provided and maintained the chief inspector may cause to be provided and maintained therein such medical facilities and recover the cost ..... the plantations labour act, 1951 and ..... so, as per the provisions of the plantations labour act and the rules made thereunder hospitals in tea estates or tea gardens were established, and in the case of the assessee-company the ..... in order to have ease in discussion we may reproduce the provision of the aforesaid section hereunder :'40a(9) no deduction shall be allowed in respect of any sum paid by the assessee as an employer towards the setting up or formation of, or as contribution, to, any fund, trust, company, aop, boi, society registered under the societies registration act, 1860 (21 of 1960), or other institution for any purpose, except where such sum is so paid, for the purposes and to the extent provided by or under sub-cl. ..... the it act on account of expenses incurred by the assessee-company towards labour and staff welfare by making contributions to two hospitals established and run for labour and staff.11 ..... in that case also, in view of the provisions of the industrial disputes act a death relief fund was created and the assessee-company made contributions to ..... of the provision speaks about the exceptions in which the rigour of the applicability of the aforesaid section was mitigated. .....

Executive Engineer, Electricity Dept., Rural Division Vs. Shri Chandra ...

Court : Kolkata

Reported in : (1994)IILLJ964Cal

..... 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951; 8. mr. ..... ray has raised this only point that since chapter vb is not applicable, and/or since the applicant establishment cannot be roped in, in view of the 'establishment' contemplated under section 25l of the act, there cannot be any applicability of section 25n as found by the tribunal and in consequence thereof, the impugned award may be set aside.10. mr. a.k. ..... in view of the facts of the case we find that the electricity department has engaged the workmen for the manufacturing purpose as generating, transforming or transmitting power being acknowledged as manufacturing process and in view of section 2(k) and section 2(m) of the factories act, the electricity department is an industrial establishment and chapter vb of the industrial disputes act and section 25l thereof ropes in the applicant establishment. mr. ..... he has drawn the attention of the court that chapter vb of the industrial disputes act provides special provision relating to lay-off, retrenchment and closure in certain establishments- section 25k provides that the provisions of this chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 100 workmen were employed on an average .....

Tongani Tea Company Limited Vs. Rossell India Limited

Court : Kolkata

..... the jhargaon land, betnal land and defeli land (all hereafter collectively called the land ) is consisting of tea bushes, trees shrubs, nursery, tea plantation, buildings, erections, structures, bridges, tenements, hereditaments, factories, godowns, labour lines, bungalows and various other immovable properties (hereafter collectively called immovable assets ) and is also consisting of furniture, fittings, furnishings, fixtures, equipments, plant ..... as it stands subsequently settled and/or modified by the parties hereto (hereafter collectively called the agreement ) it has been inter alia settled that all that the land together with tea plantation, nursery, shrubs, bushes, buildings, structures, tenements and other agricultural immovable assets and properties together with rights & properties appurtenant thereto shall be sold, transferred and conveyed to the purchaser ..... and will from time to time and at all times hereafter, at the request and cost of the purchaser, do and execute and cause to be done and executed all such acts, deeds, matters or things whatsoever for further, better or more perfectly assuring the properties and every part thereof and other benefits and rights, hereby granted, sold, conveyed, transferred, ..... from today, mr mookherjee, senior advocate shall forthwith hand over the bank draft to the applicant who shall be at liberty ..... fifty five lacs in favour of tongani tea company limited and hand over the same to mr s n mookherjee, senior advocate within seven days .....

Sailen Seth Vs. Deputy Labour Commissioner and ors.

Court : Kolkata

..... , the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person;west bengal shops and establishments act, 1963 in its section 2(4) defines the term 'employer' which reads as under:(4) 'employer' ..... annexure to a supplementary affidavit pursuant to an order of court, which insofar as material for our purpose provides as follows:the contractor shall carry out, perform and observe the provisions of the shops and establishment act, workmen' compensation act and contract labour (regulation & abolition) act, 1970, employees provident fund act, 1952 or any other enactment passed by the parliament or state legislature and any rules made thereunder by the appropriate government (s) in any way affecting ..... establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor;10. the expression 'establishment' as defined in the aforesaid act is as follows:'establishment' means-(i) any office or department of the government or a local authority, or(ii) any place where any industry, trade, business, manufacturer or occupation .....

The Central Agricultural Research Institute and anr. Vs. the Presiding ...

Court : Kolkata

Reported in : (1998)3CALLT209(HC)

..... notification of the impugned reference dated the 6th december, 1994 annexure-d to the writ petition and submits that in the said notification, a notification dated the 28th june, 1947 of the government of india, department of labour has been referred to by the lieu tenant-cover nor (administrator) as a source of the power he was exercising in making that reference and it is submitted that the lieutenant governor cannot avail of any such notification ..... 6 of the writ petition it is stated that cari being basically a research institute which is mainly engaged in research activities in the field of crops, plantation, animal husbandry and fisheries in these islands of union territory of andaman and nicobar islands has had to use daily rated contract labourers to assist scientists in various disciplines in executing manual work in specific and time-bound works required from time to lime and that these mazdoors are neither ..... in pursuance of sub-section (3) of section 94 of the government of india act, 1935, and in supersession of the notification of the government of india in the department of labour no.lr 1(9) dated the ..... supreme court requiring the decision of a tribunal to be challenged before a-division bench of the high court, in my humble opinion, does not dislocate the position previously obtaining in respect of matters or decisions over which the high court's jurisdiction under article 226/227 was already available. ..... : (1951)illj621sc : board of trustees v, bombay hour mill, : 1995 .....

Rubber Board Vs. General Secretary, Saithankari Plantation Workers' Un ...

Court : Kolkata

Reported in : 2004(2)CHN315,(2004)IIILLJ442Cal

..... that although the management possesses such right for retrenchment of its employees depending on the situation, yet, it has to be done in compliance with the procedure of the industrial disputes act and in doing so the provisions of section 25n have to be followed and here, in this particular case, the concerned authority, after conducting proper enquiry and after giving and opportunity to the management and the other concerned ..... and the same has beenfunctioning as such since the year 1965 and over the period of time on accountof various restrictions including expansion of the rubber cultivation in the island,the above purposes of imparting training to the farmers lost its relevance andviability and as such the petitioner came to the firm conclusion that running acommercial plantation and that too in just 200 hectors is apart from beingunviable, not ..... it was also alleged that the learned single judge failed to appreciate that even the enquiry conducted by the labour commissioner would not satisfy the requirements of section 25n(3) and even otherwise it is assumed without admitting the same that the same amounts to enquiry contemplated under section 25n(3), but in fact, no hearing was offered by the specific authority before issuing the impugned order refusing the permission ..... of business of the office itself the hearing in the concerned matter was given by the labour commissioner and ultimately the final decision for refusing permission for retrenchment of the workers was taken .....