Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 32 sickness and maternity benefits Court: kerala Page 1 of about 7 results (0.787 seconds)

Kerala Plantation Workers Federation and anr. Vs. Union of India (Uoi) ...

Court : Kerala

Reported in : 2009(2)KLJ724

..... , has definitely to go. this court holds it accordingly and the stipulation of rs. 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 india in the present day context and hence., it is set aside. however, it is made clear ..... second respondent/state adds it point blank that, if the definition as it stands now is strictly taken into account, the workers of plantation would never get the protection of the plantation labour act, 1951.9. in this context, it is also relevant to note the observations already made by this court as to the callous inaction on ..... relevant provisions of law.2. the petitioners are the different trade unions registered under the trade unions act, representing the major work force in the plantations in the state of kerala, which come within the purview of the plantation labour act, 1951. it is contended that though the prescription of the ceiling of maximum wages under section 2(k)( .....

K.T. Thomas, Etc., Etc. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1979)IILLJ290Ker

v.p. gopalan nambiyar, c.j.1. 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. sub-sections (4) and (5) of section 1 are as follows:1. short title, extent, commencement and ..... /-section officer.appendixnotificationg.o. ms. no. 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 .....

Prabhakar Dev Vs. State of Kerala

Court : Kerala

Reported in : [2009]148CompCas600(Ker); 2007(2)KLJ692; (2008)ILLJ86Ker

..... orderr. basant, j.1. does the plantations labour act, 1951 (for short 'the act') contemplate (or rule out) the existence of plurality of employers for a plantation? does the deemed employer under section 2(e) oust the real employer from his chair? does the deemed employer continue to be ..... real employer from that chair. the ultimate employer must ensure vicariously and the manager must personally ensure the actual implementation of the provisions of the plantations labour act strictly in the plantation concerned at the risk of being prosecuted. that appears to be the clear legislative intent.19. i am, in these circumstances, unable to accept ..... promote cottage industries on an individual or co-operative basis in rural areas.that constitutional philosophy is attempted to be translated into statutory provisions by the plantations labour act and rules.13. i would certainly refuse to assume that the legislature in its attempt to translate the constitutional concern reflected in articles 42 and 43 .....

Dileep Vs. State of Kerala

Court : Kerala

Reported in : 1999CriLJ4490; [2000(84)FLR110]; (2001)IIILLJ686Ker

..... i find that annexure a complaint filed by the second respondent against the petitioner is well within the period of limitation as provided under section 40 of the plantations labour act and the proviso thereto and the contention of the petitioner that the complaint is barred by limitation is absolutely untenable. therefore, this crl. m.c. is ..... not to any written order given by the inspector to the employer with respect to any other matter within his power and authority under the provisions of the plantations labour act and rules, therefore, annexure a dated january 3, 1995, taken on file by the court on february 2, 1995, is well within the period of ..... is that the complaint is barred by limitation.3. the petitioner contended before the trial court that the prosecution is barred by limitation under section 40 of the plantations labour act. the learned magistrate by the order, dated july 31, 1997, found that the prosecution is not barred by limitation once this m.c. is filed, before .....

Malankara Rubber and Produce Co. Ltd. Vs. Hameed

Court : Kerala

Reported in : [2001(91)FLR84]

..... it was held:'it cannot be accepted that the construction of cooli-lines is not part of the business of the principal (the estate). s. 15 of the plantations labour act, 1951 obliges every employer to provide housing accommodation to the workers. it is a statutory duty. in discharge of such duty, the employer may himself construct the houses or ..... of the first opposite party the malankara rubber & produce co. ltd. in w.c.c 91/93 before the court of the commissioner for workmen's compensation (deputy labour commissioner), ernakulam, respondents 1 and 2, the applicant in w.c.c. 91/93 are the parents of one basheer who died in an accident occurred in the ..... compensation which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if reference to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the .....

K.K.Vijayan. Vs. the Labour Commissioner,housing Board, and ors.

Court : Kerala

..... date of receipt of the order. feeling aggrieved by the same the petitioner preferred an appeal under section 75 of the rules read with section 43(e) of the kerala plantation labour act, 1951. ext.p4 appeal was dismissed as per ext.p9. it is challenging ext.p9 order that this writ petition has been filed. 2. essentially the grievance of the petitioner ..... in the ponmudi estate. he retired from its service on 31.12.2008. in terms of the provisions under rule 63 (1)(ii) of the kerala plantation labour rules, 1959 (for short 'the rules') an allottee of the estate quarters can retain the same for a period of one month on his retirement. on 9.1.2009 ..... justice the impugned order must be interfered with. as already noticed, the petitioner got retired from the service of the plantation corporation from its ponmudi estate on 31.12.2008. as per rule 63 (1) (ii) of the kerala plantation labour rules, 1959 any worker who is an allotee of the estate quarters could retain the quarters only for a period of .....

Ramakrishna Sharma S. and ors. Vs. Inspector of Plantations and ors.

Court : Kerala

Reported in : (2008)2LLJ789Ker

..... made thereunder are not applicable to ambanad estate. it is true that the offence alleged in the case involved in annexure-h judgment is punishable under section 39 of the plantation. labour act 1951, but the accused is one bejoy mathew, assistant manager, ambanadu estate, kaithuruthy. considering the factual situations involved in that case, there, the learned magistrate came to the conclusion that the ..... principally planted, with tea and rubber which has an extent of about 1000 hectares. the inspector of plantations, nedumangad filed annexure a complaint against the above directors dated march 14, 2003 under section 39 of the plantation labour-act, 1951 (central act 69 of 1951)(hereinafter' referred to as 'the act'), and rules, 1959 upon which s.t. no. 901/2003 is instituted alleging that the petitioners/accused .....

Premier Automibles Ltd. Vs. CochIn Labour Union, Represented by Its Ge ...

Court : Kerala

Reported in : [2003(96)FLR774]; (2002)IIILLJ1138Ker

..... 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).' therefore the general definition of industrial establishment as found in section 2(ka) has no application as far as this ..... had indicated that the issues, as far as the company is concerned, practically were settled.3. as leading to the reference, it appears that a complaint to the labour officer had been filed by the union in respect of shahul hameed on 21-11-1987 and in respect of pareeth on 20-05-1988. on notice from the ..... was employing only six persons, and was registered under the kerala shops and commercial establishments act as an establishment. it was not a factory coming under the definition of factories act, as no manufacturing process was carried out. nor was it a mine, or a plantation. it was simply a delivery point, to cater to the needs of the distributor. the .....

Superintendent, Lokhart Estate Vs. Kaliappan

Court : Kerala

Reported in : (1976)ILLJ354Ker

..... of cooli-lines in the estate is not part of the business of the principal. section 15 of the plantations labour act, 1951 obliges every employer to provide and maintain for every worker and his family residing in the plantation necessary housing accommodation. it is a statutory duty. in discharge of such duty, the employer may himself construct ..... activities including the running of a hospital for the estate, the maintenance of cooli-lines, providing such amenities as are agreed to between the management and the labour and all other incidental activities. it goes without saying that in the assessment to income-tax, if the estate is to claim deduction for expenses of business ..... lockhart estate, devicolam had engaged the second opposite party. shri vakko for the purpose of constructing cooli-lines in the estate. the said vakko had engaged labourers to carry out the work of construction. in the course of such work, two workmen were injured by the blasting of stones. one died and another lost .....

Excel Glasses Ltd. and ors. Vs. State of Kerala

Court : Kerala

Reported in : (1992)IILLJ330Ker

..... .k.k. venugopal, on behalf of some of the petitioners, that there are many social welfare legislations like factories act, plantation labour act, shops and commercial establishments act, e.s.i. act, maternity benefits act, workmen's compensation act, etc. looking after the welfare of workers and providing for their health, recuperation and physical and mental well-being ..... community and the objects mentioned in part iv of the constitution (municipal corporation v. jan mohammed usmanbhai and anr. (supra). manohar lal v. state (air) 1951 sc 315, and ramadhandas and anr. v. state of punjab (1961-ii-llj-102) upheld restrictions on hours of employment and time of opening and closing ..... sc 873). 'resonable' implies intelligent care and deliberations, that is the choice of a course which reason dictates (chintamanrao v. state of m.p.(air) 1951 sc 118). it is also true that determination by the legislature of what constitutes a reasonable restriction is not final or conclusive and it is subject to .....