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 .....
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)
..... twelfth year shall be required or allowed to work in any plantation.(iii) section 109 of merchant shipping act, 1951:no person under fifteen years of age shall be engaged or carried to sea ..... 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 in any factory.(ii) section 24 of plantation labour act, 1951:no child who has not completed his ..... recommendations of the commission came to be discussed in the legislative assembly and the children (pledging of labour) act, 1933 came to be passed, which may be said to be the first statutory enactment dealing with child labour. many statutes came to be passed thereafter. as on today, the following legislative enactments are in .....
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)
..... 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 ..... were entirely different and the ratio of that decision has no application to the facts of the present case. the stand of the authorities under the act and the labour unions on the other hand is that looking at the beneficial nature of the statute, the high court was justified in its conclusion. in any event .....
Tag this Judgment!Court : Karnataka
..... .explanation. for the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 (69 of 1951); or(2) hospitals or dispensaries; or(3) educational, scientific, research or training institutions; or(4) institutions owned ..... dated 16.03.1999 referred the dispute by exercising its power under section 10(1)(c) of the industrial disputes act to the ii additional labour court, bangalore for adjudication. as noticed earlier, labour court though framed an additional issue as to whether the petitioner is a 'workman' as defined under section 2 ..... of accounts. petitioner was also informed that this action was in accordance with section 2(oo)(bb) of industrial disputes act. aggrieved by the said action petitioner raised a dispute before the labour commissioner cum conciliation officer, bangalore division-3 and the 'appropriate government' referred the dispute under clause (c) of sub .....
Tag this Judgment!Court : Karnataka
Reported in : [2006(108)FLR632]; ILR2005KAR6001; 2006(1)KarLJ365
..... protecting the children of working parents.various legislations have been brought into force to arrest child exploitation.7. section 67 of the factories act, 1948 prohibits employment of young children. section 24 of the plantation labour act, 1951 provides that no child who has not completed his twelfth year shall be required or allowed to work in any ..... plantation. section 109 of the merchant shipping act, 1951 prohibits employment of person under fifteen years of age. section 45 of the mines act provides that no child shall be ..... under article 21 of the constitution of india.9. in the light of these judgments and in the light of the laudable object of the child labour prohibition act, let me see as to whether the present order requires my interference.10. the impugned order is questioned by the petitioner on the ground that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009
..... ; (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. section 25m dealt with the imposition of further restrictions in the matter of lay-off. section 25n provided for conditions precedent to ..... the question for consideration was whether a law creating a state monopoly is valid under the latter part of article 19(6) which was introduced by the (first amendment) act, 1951. while considering that question, it was pointed out by gajendragadkar j., as he then was, at page 704 :with the rise of the philosophy of socialism, the ..... while refusing permission to close down.(iii) even if the reasons are adequate and sufficient, approval can be denied in the purported public interest of security of labour. labour is bound to suffer because of unemployment brought about in almost every case of closure.(iv) it has been left to the caprice and whims of the authority .....
Tag this Judgment!Court : Chennai
Reported in : 1997(3)CTC209
..... (63 of 1948); (ii) a mine as defined in clause 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 ..... the same or not. (2) whether the seniority list published by the management for the propose of retrenchment is in accordance with the provisions of the act and rules. (3) whether the labour court is correct in awarding only 50% of the backwages in favour of the workmen while setting aside the retrenchment. 7. according to the petitioners/managements, ..... parry & co. ltd., in its counter has stated that the parry & co ltd.,is a commercial establishment and section 25-n of the said act would not apply to this commercial establishment. the labour court in its order came to the conclusion that parry & co. ltd., is an industry and so non-compliance of section 25-n of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(4)CHN567,[2008(119)FLR545],(2009)ILLJ747Cal
..... ' 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 parties appearing before us agreed in principle that 'hotel' is an industry within the ..... meaning of trade union act as well as industrial disputes act. on a combined reading of the aforesaid provisions if we take .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR74; 2007(5)BomCR456; [2007(113)FLR568]; (2007)IIILLJ201Bom; 2007(3)MhLj426
..... ii) a mine as defined in clause (j) of sub-section (l) 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); 5. in the present case the question before the court is whether the establishment of the first respondent is ..... a factory as defined in clause (m) of section 2 of the factories act, 1948. if the establishment is a factory it would constitute an ..... to the provisions of items 4(a) and 4(f) of schedule ii to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. under item 4 the unfair labour practice consists of encouraging or discouraging membership of any union by discriminating against any employee. clause (a) deals with discharging or punishing an .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT179
..... one; explanation :-- for the purpose of this sub-clause, 'agricultural operation' does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 ; or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned ..... in question. theircases were not entertained by the state administrative tribunal on the ground that they were having the remedy under industrial disputes act before the labour court. true it is that large number of writ petitions travelled to this court against such decisions of the state administrative tribunal and ..... this court declined to interfere by relegating the workmen to the efficacious alternative remedy which is available to them under the industrial disputes act before the labour court, petitioners submit that after the arbitrator has held that public works department and various other departments are not 'industry', references are .....
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