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Sunny Kruiakore and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : 1996VIAD(SC)553; [1996(74)FLR2245]; JT1996(7)SC476; 1996(6)SCALE3; (1996)10SCC145; [1996]Supp4SCR709

..... 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. ..... 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. ..... section 2 of the amendment act, 1960 brought about the amendments in section 1 and provided that sub-sections (4) and (5) shall be substituted in the principal act. ..... 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. ..... by the plantations labour (amendment) act, 1960, certain amendments were made in different provisions of the principal act. ..... the plantations rubber act, 1951 (hereinafter referred to as 'the principal act') was enacted with a view to provide for the welfare of labour and to regulate the conditions of work in the plantations. .....

Tata Tea Limited, Velonie Estate Vs. the State of Tamil Nadu Represent ...

Court : Chennai

..... explanation iii states that 'plantation' as defined under section 2(f) of the plantations labour act is also covered by the said chapter and it was also declared as industrial establishment covered by the chapter. 2.3. ..... under section 25l(3), the plantation as defined under section 2(f) of the plantations labour act was also covered by the said chapter. ..... (b) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act lxix of 1951); or4.4. ..... even before that act, in order to prevent unjustified layoff, retrenchment and closure, the industrial disputes act, 1947 was amended and chapter v-a was introduced by amendment act 43/1953. ..... the commission in its recommendation in paragraph 29.29 had recommended as follows:29.29: ...we consider the prevailing practice of discontinuing employment of a casual worker for short periods and again re-employing him to debar him from enjoying the benefits of a permanent worker as pernicious. ..... explanation 2 to section 3 clearly says that the said section will have an over-riding effect over any award, agreement, settlement, instrument or contract of service whether made before or after commencement of the act. ..... bhikubhai meghajibhai chavda reported in 2010 (1) scc 47 while dealing with the scope to interfere with the finding regarding seasonal industrial establishment under section 25a(2) in paragraph 12 held as follows:12. ..... 587 of 2010 (slp(c) no. .....

The Management of State Farms Corporation of India Ltd., Melchengam We ...

Court : Chennai

Reported in : (1997)ILLJ20Mad

..... 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 (69 of 1951)'. ..... even though it is said that the said amendment act 46/82 has not come into force, it throws some light to understand ..... to my notice the amendment act 46/82 wherein the word ..... tests are applied to find out whether an activity carried on in a particular establishment is an 'industry' within the meaning of section 2(j) of the industrial disputes act and the tests cannot be applied to an agricultural activity. ..... thanks to failure of the monsoon, the management agree to employ such of those workmen who are members of the employees, provident fund scheme in a phased manner depending upon their requirement and exigencies, however, in order to see that all the 400 and odd workmen are employed in such a phased manner before the end of september, 1981.' 17. ..... filling up of vacant posts : the management agree that other things remaining the same and without undermining the rules and regulations in force relating to recruitment, qualified persons from among the workmen will be considered for filling up of ..... after the amendments 2(j) will have sub-section 2(j)(1), which is as follows : 'any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity being any such activity as is referred to in the foregoing provisions of this clause, and such other .....

The Planters Association of Tamil Nadu. Vs. the Secretary to Governmen ...

Court : Chennai

..... (emphasis added)3.the state government by g.o.ms.no.65, 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. ..... whether the action of the state government in notifying section 18 of the plantations labour act, 1951 (for short pl act) and directing appointment of welfare officers in respect of plantations engaging 300 or more workers by virtue of the impugned notification, dated 28.12.2006 is liable to be set aside by this court is the issue involved in this writ petition.2. ..... 285: the english lawyer feels himself much at a loss here; he cannot conceive at what period of time a statute can be held as commencing to grow in desuetude, nor when it can be held to be totally worn out. ..... on behalf of the first respondent state of tamil nadu, a detailed counter affidavit, dated 08.12.2010 has been filed. .....

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. ..... section 28a was introduced by west bengal amendment by the trade unions (west bengal amendment) act, 1983 (hereinafter referred to as the 'said act of 1983') vide notification dated november 11, 1992. ..... we are unable to appreciate how these three decisions could have application in the instant case until and unless we hold that section 28a has application herein.20. mr. ..... factory, mines and plantation. ..... bandopadhyay took us to the different provisions of the trade union act, 1926, industrial disputes act, 1947, west bengal trade union rules, 1998 and west bengal industrial disputes rules, 1958. mr. ..... the registrar upon receipt of the said application would give notice to other trade union functioning in the said 'industrial establishment' or 'class of industry' in the concerned local area and would hold an enquiry, as may be, prescribed for determining whether the applicant fulfills conditions laid down in sub-section (2) of section 28a. ..... the registrar misconstrued the order of the division bench and erroneously recognised the appellant as the sole bargaining agent and recommended them to the management for being recognised as sole bargaining agent. .....

Kanchi Sankara Health and Educational Foundation Vs. State of Assam

Court : Guwahati

..... . but through the amending act 34 of 1960 in the plantation labour act, 1951, the ..... doctors were subsequently excluded from the definition of workmen under section 2(k) of the plantation labour act ..... . presiding officer, labour court, 1996 (11) scc 236, held that when a doctor attends-patients and in addition thereto, supervises the works of the subordinate staff, they only possible conclusion which can be arrived at is that the doctor cannot be regard as a workman under section 2(s) of the ..... anesthesiologist in the hospital can be treated as a workman and whether the labour court could examine the legal validity of the doctor as termination on a reference made under section 10 of the i.d ..... of the anesthesiology department and therefore the senior doctor does not come within the definition of workman under section 2(a) of the i.d.act. 6 ..... right to terminate the service of the appointee by giving a months salary in lieu of one months notice exercising the option under clause-iii of the appointment order, the service of the doctor was terminated on 18.6.2005 (annexure-4) and his salary of rs.44,744/- for 1 month was tendered in lieu of notice for the terminated doctor. 3. the aggrieved respondent raised a dispute and the government then referred the following issues under section 10 of the i.d ..... dasgupta, the learned senior counsel submits that since the nethralaya carries out systematic activity through cooperation between the employer and the workmen, it should be considered as an industry under section 2(j) of the i.d .....

The Malankara Rubber and Produce Co. and ors., Etc., Etc. Vs. the Stat ...

Court : Supreme Court of India

Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399

..... a person who, on the 16th august, 1968, was in occupation of any land and the homestead thereon, or in occupation of a hut belonging to any other person, and who continued to be in such occupation at the commencement of the kerala land reforms (amendment) act, 1969, shall be deemed to be in occupation of such land and homestead, or hut, as the case may be, with permission as required under this clause ..... the definition of 'plantation' in section 2(6) of the kerala plantations (additional tax) act of 1960 under which plantation meant land used for growing one or more of the following, namely, cocoanut trees, arecanut trees, rubber plants, coffee plants, tea plants, cardamom plants and pepper vines, and submitted that the state of kerala having placed cocoanut gardens in the definition of plantations in the above mentioned act should not have excluded them from exemption under the act of 1964 and 1969 and this discrimination ..... to agriculture, such as ihe provisions for threshing floors or the construction of irrigation or drainage channels or the construction of houses for agricultural labourers', the new sub-section (1a) shows that the state did not intend to be bound by the construction placed upon section 96 by the high court and made it clear that the section was not to be so read down thereby keeping in its hand the matter of reservation of land for public purpose of any kind ..... the petitioners do not give any indication of their title to the lands which are the subject matter of .....

K.T. Rolling Mills Private Ltd. and anr. Vs. M.R. Meher and ors.

Court : Mumbai

Reported in : AIR1963Bom146; (1962)64BOMLR645; (1962)IILLJ667Bom

..... "by the explanation to section 25a it is provided:"in this section (section 25a) 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 (lxiii of 1948);or(ii) a mine as defined in clause (j) of section 2 of the mines act, 1952 (xxxv of 1952); or(iii) a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 (lxix of 1951)-"by section 25b the expression "one year of continuous service" ..... means -(1) 'a factory as defined in clause (m) of section 2 of the factories act, 1948 (lxiii of 1948); or (ii) a mine as defined in clause (j) of section 2 of the mines act, 1952 (xxxv of 1952) or (iii) a plantation as defined in clause (f) of section 2 of plantation labour act, 1951 (lxix of 1951)"-"25j. ..... the present argument which is founded solely on the language of clause (a) of section 25a(i) asks us in effect wholly to disregard all those considerations and to put a construction on it which, does not accord with the rules which regulate interpretation applicable to legislation which we are called upon to consider, the fact that before the amendment act the tribunal acted on principles of social justice and equity in this matter does not touch the point, since the legislature which had ..... i do not, however, desire to rest my judgment simply on this short answer to the case of the respondents and will revert to this aspect of the matter after examining the other arguments placed .....

Excel Wear and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009

..... (3) where a notice has been served on the appropriate government by an employer under sub-section (1) of section 25ffa and the period of notice has not expired at the commencement of the industrial disputes (amendment) act, 1976, such employer shall not close down the undertaking but shall, within a period of fifteen days from such commencement, apply to the appropriate government for permission to close down the undertaking. ..... only three kinds of industries were roped in for 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. ..... a reference under the section must be determined with reference not to the date on which it is made but to the date on which the right which is the subject-matter of the dispute arises, and that the machinery provided under the act would be available for working out the rights which had accrued prior to the dissolution of the business.it would thus be seen that in the matter of giving appropriate and reseasonable relief to the labour even after the .....

P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

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)

..... 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 capable of being ..... background facts on which the dispute arises are as under:in june 1991, the company made an application to the state government under section 25o of the industrial disputes act, 1947 (in short the 'id act') as substituted by the industrial disputes (madhya pradesh amendment) act, 1983 (in short 'madhya pradesh act') act 32 of 1983 with effect from 28.10.1983 seeking permission for closure of cotton section of the company. ..... the rule that the repeal or amendment of an act which is incorporated in a later act has no effect on the later act or on the provisions incorporated therein is subject to four ..... it was 'observed that there is a regrettable modern tendency to overdo legislation by reference and to attempt brevity at the expense of lucidity.the amendment to the factories act, 1948 (in short 'factories act') does not apply to the m.p. .....