Judgment Search Results Home > Cases Phrase: plantations labour amendment act 2010 section 1 short title and commencement Court: orissa Page 1 of about 10 results (0.095 seconds)

Sudarshan Rout. Vs. Commissioner-cum-secretary.

Court : Orissa

..... , 'industrial establishment', as referred to in section 25-k, has been defined in clause (a) of section 25-l of the act to mean, (i) a factory as defined in clause (m) of section 2 of the factories act,1948; (ii) a mine as defined in the mines act,1952, or (iii) a plantation as defined in the plantation labour act,1951.for the applicability of section 25-n, it must be shown that the organization where the workmen are employed is an 'industrial establishment' within the meaning of section 25-l and further that such 'industrial establishment' must not be one of a seasonal character or in which work is performed only intermittently and that not less ..... it is alleged by him that the retrenchment order has not yet been communicated to him, nor has he received the same, and that he has not been paid one month's pay and retrenchment compensation or gratuity as required under section 25-f of the industrial disputes act (in short, 'the act'), though in the retrenchment order he has been asked to receive one month's pay in lieu of one month notice. ..... section 25-n occurs in chapter-v-b of the act, which was added by way of amendment with effect from 05.03.1976. .....

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... short title, extent, application and commencement. ..... learned counsel for the petitioner submitted that the plain meaning of section 1 of sub-section 3 has to be taken into account and since major port has not been included in the establishments to which the act applies, the order passed by assistant labour commissioner(c) has to be set aside.it is not disputed that the literal rule of interpretation of statute requires that the words in a statute should be used in their ordinary meaning. ..... (2) it extends to the whole of india:provided that insofar as it relates to plantations or ports, it shall not extend to the state of jammu and kashmir;(3) it shall apply to-(a) every factory, mine, oilfield, plantation, port and railway company;(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in state, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;(c) such other establishments or class of establishments ..... party nos.2 to 7 that as per the resolution to agenda no.4 (01)/2006-07 of the paradeep port trust board, a proposal for common regulation for payment of retirement benefits has been dropped in view of the instruction of the ministry of shipping and transport conveyed in its letter no.a-38011/4198-pe-1, dated 19.12.2005 with the direction to amend the present rules in the light of said draft model pension regulation. .....

Abdul Hamid Vs. Bora Tataya and ors.

Court : Orissa

Reported in : AIR1951Ori153

..... section 4, orissa act x (10) of 1946 runs as follows:'any suit for the ejectment of any tenant, including the holder of a service tenure, instituted before the commencement of this act, or any execution proceeding arising therefrom, shall be disposed of as if schedule 36, orissa tenancy act, 1913 as amended, by this act, had been in force at the time of the institution of the said suit in the ct of the first ..... pltf is the chandnadar landlord & it is well settled that in any suit brought by a landlord for eviction the burden, in the first instance rests on the landlord to prove his title as landlord but once this is either proved or admitted the burden shifts on the deft to show that his tenancy is not precarious but that it entitles him to continue in occupation. ..... para 327 that:'shopkeepers, artisans & labouring classes having no arable lands in the village but holding only homestead lands and paying rent therefor are called chandnadars. ..... section 52 says that the purchaser of an estate not permanently settled & sold for recovery of arrears of rent due on account of the same, shall'acquire the estate free of all encumbrances except leases of lands whereon gardens, plantations, tanks, wells, cannals, places of worship, or burying grounds have been made, or wherein mines have been sunk, which leases shall, so long as the land is duly appropriated to such purpose & the stipulated rent paid, continue ..... this case has not been reported but a short note of the decision appears in 'dulai dei .....

Balasore Motor Association Vs. the Regional Provident Fund Commissione ...

Court : Orissa

Reported in : AIR1970Ori199; 35(1969)CLT1022; (1970)ILLJ559Ori

..... conferred by clause (b) of sub-section (3) of section 1 of the said act, as amended by act no. ..... it is difficult to accept the contention in the counter-affidavit that the requirement of section 1 (3) (b) of the act is satisfied in this case to confer jurisdiction on the authorities set up under the act to require the petitioner to comply with the provisions of the statute.'4. ..... plantations of tea (other than those in the state of assam), and plantations of coffee, rubber, cardamom and ..... 1960, the central government hereby directs that, with effect from the 31st july, 1961 the said act shall apply to the following classes of establishments, in each of which 20 or more persons are ..... 226 and 227 of the constitution of india made on behalf of the balasore motor association through its manager challenging a demand raised by the regional provident fund commissioner by virtue of the powers conferred upon him under section 7a of the employees' provident funds act, 1952 ..... the two statements appended to the counter affidavit as annexures b and c clearly go to show that employees who constituted 'drivers, cleaners and conductors were being employed under individual bus owners, and therefore cannot be taken to be employees under the petitioner-association annexure b shows that there were 7 employees under the petitioner who were paid on monthly basis, while annexure c shows ..... the notification may be extracted:--government of indiaministry of labour & employmentdated, new delhi, the 29th july, 1961, .....

Dr. Jaykrushna Patnaik Vs. Divisional Forest Officer, Ghumsur North Di ...

Court : Orissa

Reported in : 101(2006)CLT743; 2005(II)OLR40

..... it is further pleaded that land of the petitioner which admittedly has 111 numbers of sal and teak trees and recorded in the ror as cashew plantation does not come under the definition of forest land as defined in section 2(c) of the orissa communal forest and private lands (prohibition of alienation), act, 1948 as the same has at no point of time been declared to be forest land by ..... like to make it clear that the ban or restriction on felling trees contemplated in section 2 of the forest conservation act, 1980 shall not apply to any private plantation/orchard/bagan comprising of trees planted in any area which is not a forest. ..... statutory or enacted law which enabled the state authorities either to take action for felling of trees in private plantation not being forest and in the absence of any requirement of any statutory enactment to take permission for felling of tree in a private plantation, the high court could not have imposed restrictions and conditions as is ultimately done in the impugned judgment while permitting the appellant to fell the trees.'13. ..... of 2000 directing not to issue tt permit in respect of the trees standing over patta land of the state where title has been acquired after 25.10.1980 has any application to the petitioner's land so as to reject this petition for issue ..... the short question that arises for consideration in view of the rival contentions of the parties is whether in view of the forest conservation act, 1980 and the order of this court dated .....

Jayaram SwaIn and ors.Vs. State of OrissA.

Court : Orissa

..... however, sub-section (6) of section 3 provides that a company registered under section 25 of the act, 1956 before or after the commencement of companies (amendment) act, 2000 shall not be required to have minimum paid-up capital specified in the section. ..... these considerations show that, after the amending act 65 of 1960, three distinct types of companies occupy a distinct place in the scheme of our companies act: (1) private companies (2) public companies and (3) private companies which have become public companies by virtue of section 43-a, but which continue to include or retain the three characteristics of a private company ..... learned senior counsel mr.jayant das on behalf of the petitioners has rightly rebutted the said legal contention by aptly placing strong reliance upon section 4 (1) amendment of the l.a.act by including the phrase or for a company which was inserted by act 38 of 1923 under section 2 (o) of the amendment act. ..... a joint reading of sections 2, 3, 12, 13,21, 22, 23, 25, 27, 29, 568, 570, 573 and 617 of the act, 1956 along with the companies regulations, 1956 (hereinafter referred to as the regulations' in short) would indicate that the details of the objects, formation and other particulars regarding a company' registered under section 25 of the act with liabilities not limited by any share capital but limited by guarantee' ..... balwant singh choufal, (2010) 3 scc 402 and requested this court to allow the public interest litigation petitions granting the reliefs. 58 .....

Sudarshan Gochhayat. Vs. State of OrissA.

Court : Orissa

..... section (6) of section 3 provides that a company registered under section 25 of the act, 1956 before or after the commencement of companies (amendment) act, 2000 shall not be required to have minimum paid-up capital specified in the section ..... behalf of the petitioners has rightly rebutted the said legal contention by aptly placing strong reliance upon section 4 (1) amendment of the l.a.act by including the phrase or for a company which was inserted by act 38 of 1923 under section 2 (o) of the amendment act. ..... contended by the learned senior counsel for the petitioners that the exercise of the eminent domain power by the state government at the request of vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of the beneficiary company to establish ..... a joint reading of sections 2, 3, 12, 13,21, 22, 23, 25, 27, 29, 568, 570, 573 and 617 of the act, 1956 along with the companies regulations, 1956 (hereinafter referred to as the regulations' in short) would indicate that the details of the objects, formation and other particulars regarding a company' registered under section 25 of the act with liabilities not limited by any ..... balwant singh choufal, (2010) 3 scc 402 and requested this court to allow the public interest .....

Bijay Kumar Sahoo. Vs. Central Electricity Supply.

Court : Orissa

..... employees, air 1957 sc 38 has defined section 2 (00) of the act and held that the legislature enacted the industrial disputes (amendment) act xliii of 1953 wherein "retrenchment" was for the first time defined so as to include, subject to certain exceptions, the termination by the employer of the service of workman for ..... mishra, learned counsel for the appellant questioned the correctness of the findings recorded by the labour court which are affirmed by the learned single judge contending that the findings are totally erroneous and error in law as the same are contrary to the provisions of section 25f clauses (a) & (b) and also the provision of section 25g & h judgment of the hon'ble supreme court in the case of s.m.nilajkar ..... before this court by filing writ petition urging various grounds, inter alia, contending that the findings of fact recorded by the labour court on the basis of the pleadings and evidence on record is erroneous one and therefore, it was prayed before the learned single judge that the decision rendered by the labour court may be set aside as the same is erroneous one since the evidence on record was not considered properly by the ..... consciously entered into by the workman with the employer would result in a notice to the workman on the date of the commencement of the employment itself that his employment was short-lived and as per the terms of the contract the same was liable to termination on the expiry of the contract and the scheme or project coming to an end. .....

Narayan Sahoo Vs. State of Odisha and ors.

Court : Orissa

..... for consideration herein, it is also important to take note herein that the writ petitions had been filed for certain purported land losers which had came to be dismissed by this court vide its order dated 23.3.2010 on an erroneous ground that, since proceedings under the land acquisition act has already commenced and that the petitioner would have opportunity to file their objections to the notification under section 73(c) of the olr act. ..... persons no.entitled to hold land in excess of ceiling area on and from the commencement of the orissa land reforms (amendment) act, 1973 (president s act 17 of 1973), no person shall, either as landholder or raiyat or as both, be entitled to hold any land in excess of the ceiling area. . 73. ..... the hon ble supreme court in the case of k.t.plantation 28 (supra) has dealt with the self same issue and placing reliance on an earlier judgment of the hon ble supreme court in the case of maharashtra state board of secondary and higher secondary education vs. ..... in the aforesaid judgments referred to in the case of k.t.plantation (supra), the hon ble supreme court concluded that law is well settled that the court shall no.invalidate a legislation on the ground of delegation of essential legislative functions or on the ground of conferring unguided, uncontrolled and vague power upon the delegate without taking into account the preamble of the act so also other provisions of the stature in the event they provide good means 29 of finding out the meaning .....

The Odisha Printers and Binders Mahasangha, Bbsr, Re Vs. State of Odis ...

Court : Orissa

..... the said impugned notice stipulates that all tenders shall be for both printing and binding and therefore, there is a deviation from the preceding tenders and this has been made illegally without any basis, having lost sight of the fact that the very purpose/objective of micro, small and medium enterprises development 4 act, 2006 (for short, msmed act . ..... as halsbury has observed "subject to appeal and to being amended or set aside a judgment is conclusive as between the parties and their privies, and in conclusive evidence against all the world of its existence, date and legal consequences" halsbury's laws of england, 3rd ed ..... thus, the principle of constructive res judicata underlying explanation iv of section 11 of the code of civil procedure was applied to writ case ..... it was further submitted that it is evident from the affidavits filed by opposite party no.2, that the orders were placed to procure paper much after commencement of the academic session. ..... seventy thousand workers including technicians, skilled and un-skilled labourers engaged in binding and printing works will lose their livelihood. ..... the hon ble supreme court in the case of hope plantations ltd. v. ..... (c) no.2862 of 2010 before this court and vide order dated 19.05.2010, the said resolution was quashed by this court directing the opposite parties to award the printing and binding work of the nationalized text books to such small scale industrial units (for short, ssiu ) of the state like that of the petitioners.3. mr. r.k .....