Court : Supreme Court of India
Reported in : AIR1966SC987; [1966(12)FLR153]; [1966]2SCR344
..... conversion of food concessions into cash, arrangement for credit facilities through suitable co-operative banks and postponement of the implementation of the plantation labour act for a period of two years. ..... of the recommendation of the committee there was a revised notification dated february 9, 1953, under the minimum wages act with regard to all the tea estates in the district of cachar and the uneconomic tea estates in the assam ..... the relevant portion of clause 8 reads as follows : 'closing and re-opening of sections of the industrial establishments, and temporary stoppages of work, and the rights and liabilities of the employer ..... critical condition of the tea industry in cachar another committee named as 'the cachar plantation committee' was constituted on april 4, 1950. ..... va the legislature was merely recognising the practice of payment of compensation by labour tribunals before the date of the amendment and the legislature decided, by the amendment, to standardise the payment of compensation by prescribing a statutory rule in that behalf (see the ..... by the industrial tribunal that there was a sudden slump in the price of tea in the world markets, that the recession of prices of tea commended in the middle of 1951 and continued during the whole of 1952 for a period of about 18 months. ..... the manager may terminate the employment of a worker forthwith and pay his wages for the wage period (equivalent to his average earnings over the preceding period of three months) in lieu of notice. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIAD(SC)553; [1996(74)FLR2245]; JT1996(7)SC476; 1996(6)SCALE3; (1996)10SCC145; [1996]Supp4SCR709
..... the question which arises in this appeal is whether the provisions of the plantations labour act, 1951 are applicable to the rubber estates owned by the three appellants herein.2. ..... this is also evident from the statement of objects & reasons accompanying the amendment, the relevant part of which is as follows:objects and reasonssub-section (5)- sub-section (5) is being added in section 1 to empower the state government to apply all or any of the provisions of the act to any plantations less than 10.117 hectares in area or employing less than 30 workers, subject to the condition that such of these plantations as were in existence before the commencement of the act will not be brought within its scope. ..... the submission was that the words 'this act' in sub-section (5) referred to the amendment act, 1960 and not to the principal act, 1951. ..... with the insertion of sub-section (5) in the principal act the whole of the sub-section (5) became a part of the principal act and the reference to 'this act' can only mean the principal act of 1951 and cannot, by any stretch of imagination be regarded as meaning the amendment act of 1960.16. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC56; (1960)ILLJ1SC; [1960]1SCR703
..... 'in this 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; or (ii) a mine as defined in clause (j) of section 2 of the mines act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951.' 15. ..... 2 of the plantations labour act, 1951; but it cannot be a combination of any two of the aforesaid categories; therefore, a factory and a mine together, as in the present case, ..... gave a notice to all employees of the chaibasa cement works, in which it was stated that in the event of the strike materialising in the limestone quarry, it would be necessary for the management to close down certain sections of the factory at jhinkpani on account of the non-supply of limestone; the notice further stated that in the event of such closure, it would be necessary to lay off the workers not required during the period of ..... in our view, the true scope and effect of the explanation is that it explains what categories, factory, mine or plantation, come within the meaning of the expression 'industrial establishment'; it does not deal with the question as to what constitutes one establishment and lays down no ..... explanation only gives the meaning of the expression 'industrial establishment' for certain sections of the act; it does not purport to lay down any test as to what constitutes ..... respect of workmen in the factory over which the central tribunal will have .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1035; (1959)IILLJ366SC; [1959]Supp(2)SCR761
..... plantations, the plantations labour act, 1951 (69 of 1951), provides that it shall be the duty of every employer to construct and maintain for every worker and his family residing in the plantation necessary housing accommodation subject to the other provisions of the act ..... it is not seriously disputed by the respondent that the industrial adjudication has so far consistently held that providing housing facilities for industrial labour is the primary responsibility of the state; but the argument is that the scheme formulated by the industrial housing sub-committee in bihar has materially altered the position so far ..... subsequently the bihar government appointed the industrial housing sub-committee on the recommendation of the bihar central (standing) labour advisory board and this sub-committee submitted its report on december 16, 1948, recommending the setting up of an industrial housing board for ..... it may be conceded that in a large majority of cases industrial labour is very badly in need of housing accommodation, and it would, therefore, be desirable that such facilities should be afforded to labour either by the state or if possible by the employer or by both of them acting together in co-operation; but we do not see how the present scheme which no doubt is laudable in its object can afford any valid basis for issuing directions against the appellant ..... pradesh housing board act, 1950 (madhya pradesh 43 of 1950), the hyderabad labour housing act, 1952 ( ..... mysore labour housing act, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)
..... section 24 of plantation labour act, 1951:no child who has not completed his twelfth year shall be required or allowed to work in any plantation ..... pointed out by myron weiner (at page 4 of 1991 edition) of his book 'the child and the state in india' that india is a significant exception to the global trend toward the removal of children from the labour force and the establishment of compulsory, universal primary school education, as many countries of africa like zambia, ghana ivory coast, libya, zambia, zimbabwe, with income levels lower than india, have done better in these ..... (iii) section 109 of merchant shipping act, 1951:no person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship, except -(a) in a school ship, or training ship, in accordance with the prescribed conditions; or(b) in a ship in which all ..... as on today, the following legislative enactments are in force prohibiting employment of child labours in different occupations:(i) section 67 of factories act, 1948:prohibition of employment of young children-no child who has not completed his fourteenth year shall be required or allowed to work ..... that children's right require special protection and it aims, not only to provide such protection, but also to ensure the continuous improvement in the situation of children all over the world, as well as their development and education in conditions of peace and security. ..... problem of child labour in india has indeed spread its fang far .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009
..... the purpose of the rigour of the law provided in chapter vb by defining 'industrial establishment' in clause (a) section 25l to mean :-(i) a factory as defined in clause (m) of section 2 of the factories act, 1948; (ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952; or(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951.16. ..... considering the aforesaid notice is satisfied that the reasons for the intended closure are prejudicial to public interest.now, therefore, in exercise of the powers conferred by sub-section (2) of section 25-o of the industrial disputes act, 1947 the government of maharashtra hereby directs the excel wear, bombay-400025 not to close down the said undertaking.the petitioner challenges the validity of the order aforesaid.4. mr. f.s ..... expects and looks forward to security of service spread over a long period, but retrenchment destroys his ..... to regulate and restrict the right of closure by providing for extra compensation over and above the retrenchment compensation if the closure is found to be mala ..... undertaking resulting in bad relationship with the labour or incurring recurring losses the undertaking may be taken over by the state. ..... protection to the retrenched employee to enable him to tide over the period of unemployment. ..... led great stress in the point that the law is protected by article 31-c of the constitution, a point which was merely touched by them but was seriously taken over by mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)
..... other relevant circumstances, - specify, by notification in the official gazette;(iia) 'mine' has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the mines act, 1952 ( 35 of 1952);(iii) 'plantation' has the meaning assigned to it in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951);(iv) 'prescribed' means prescribed by rules made under this act;(v) 'railway administration' has the meaning assigned to it in clause (6) of section 3 of the indian railways act, 1890 (9 of 1890); and(vi) 'wages' means all remuneration (whether by way of salary, allowance or otherwise) expressed in terms of money or ..... , the following proviso has been substituted, namely:''provided that, in the case of persons employed (otherwise than by a contractor),- (d) in factories, if a person has been named as the manager of factory under clause (f) of sub-section (1) of section 7 of the factories act, 1948 (63 of 1948) then the person so named and the employer jointly and severally;(e) in industrial establishments, if there is a person responsible to the employer for the supervision and control of the industrial establishment, then the ..... this court held that in the case of the appellant-corporation it will have to be held that the ultimate control over the affairs of all the factories of the corporation is really of the central government and, therefore, all the factories of the corporation should be regarded as factories owned and controlled by the central .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(85)DRJ139; [2006(108)FLR1]; JT2005(10)SC25; (2006)ILLJ303SC; RLW2006(1)SC308; 2005(9)SCALE428; (2005)13SCC179; 2006(2)SLJ26(SC)
..... decision of the appropriate government thereon shall be final.25l: for the purpose of this chapter, - (a) 'industrial establishment' means:(i) a factory as defined in clause (m) of section 2 of the factories act, 1948(63 of 1948);(ii) a mine as defined in clause (j) of sub-section(1) 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);(b) notwithstanding anything contained in sub-clause(ii) of clause (a) of section 2 ;(i) in relation to any company in which not less than fifty-one percent of the paid up share capital is held by the central government, or(ii) in relation ..... to any corporation (not being a corporation referred to in sub-clause (i) of clause (a) of section 2) established by or under any law made by parliament, the central government shall be the appropriate government ..... the expression 'industrial establishment' is defined in section 25l, which means a factory or a mine or a plantation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)159CTR(SC)381; [2000]243ITR56(SC); JT2000(3)SC405; 2000(2)SCALE384; (2000)3SCC615; [2000]2SCR465
..... argument that the contention of the learned counsel that building includes all structures constructed with a view to provide amenities to workers as defined in the plantation labour act, 1951, as contained in the explanation to section 5(f) of the tamil nadu agricultural income-tax act, is correct. ..... year, owing to there being no profits or gains chargeable for that previous year, or owing to the profits or gains chargeable being less than the allowance, then, subject to the provisions of sub-section (2) of section 72 and sub-section (3) of section 73, the allowance or part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following previous year ..... owing to there being no profits or gains chargeable for that year, or owing to the profits or gains chargeable being less than the allowance, then, subject to the provisions of clause (b) of the proviso to sub-section (2) of section 24, the allowance or part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following year and deemed to be ..... revised return was filed showing a loss of over rupees one crore though for a lesser amount ..... the income-tax officer in giving priority to the adjustment of the current depreciation over the carry forward loss of rs. ..... 1979-80 the assessee, a company, filed its return of income showing a loss of over rupees one crore. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671
..... purposes directed towards the promotion of agriculture on the welfare of the agricultural population to be settled on such lands, assign on registry the remaining lands to agriculturists and agricultural labourers in such manner, on such terms and subject to such conditions and restrictions, as may be prescribed.that scheme as envisaged in this section was upheld by this court as a scheme for agrarian reform and we do not see any good reason why we should take a different view with regard to the ..... , in kochuni's : [1960]3scr887 case, speaking for the court, reviewed the earlier decisions under article 31a and interpreted the provision against the back-drop of the objects of the constitution (forth amendment) act, 1955 and the earlier constitution (first amendment) act, 1951, to arrive at the conclusion that article 31a was meant 'to facilitate agrarian reforms'. ..... as we see it, the forest act is calculated to bring benefit to landless labourers, tribals and other proletarian groups in the over-populated state of kerala. ..... we would suggest that the large areas of virgin forest lands available within some of the devaswoms may be utilized for plantation of cocoanut, arecanut, pepper, cashew, rubber, etc.27. ..... similarly, coffee, pepper and rubber plantations have been successful in the forest lands in wynad (malabar district).26. ..... even planting teak and other plantation crops is agricultural operation and the lands on which these are planted are agricultural lands. .....
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