Judgment Search Results Home > Cases Phrase: plantations labour amendment act 2010 section 13 amendment of section 34 Page 1 of about 280 results (0.093 seconds)

New Green Field Public School Vs. the Controlling Authority & Ors.

Court : Delhi

..... union of india dealt with the said issue and recorded/found/ held that: (a) section 2(e) of the gratuity act, (prior to its amendment in 2009) defined employee as meaning any person employed on wages in a managerial or administrative capacity in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, manual, ..... (h) the payment of gratuity (amendment) act, 2009 was notified in the ..... the amendment of the definition of employee in section 2(e) of the gratuity act is ..... amendment aforesaid the definition of employee in section 2(e) extended to teachers as well, making teachers in schools covered by the gratuity act ..... in view of the law aforesaid laid down by the supreme court, proposed to widen the definition of employee in order to extend the benefit of gratuity to teachers, introduced the payment of gratuity (amendment) bill, 2007 in lok sabha; however, the said bill was subsequently withdrawn. ..... raised by the petitioner of the said respondent no.3 employed as a trained graduate teacher (tgt) with the petitioner school being not an employee within the meaning of section 2(e) of the gratuity act and resultantly, holding the proceeding initiated by the respondent no.3 mrs. p. ..... (b) the ministry of labour and employment, government of india issued notification dated 3rd april, 1997 whereby gratuity act was extended to educational institutions as well, in which 10 ..... (c) no.6168/2010 titled independent schools federation .....

New Green Field Public School Vs. the Controlling Authority and Ors.

Court : Delhi

..... union of india dealt with the said issue and recorded/found/ held that: (a) section 2(e) of the gratuity act, (prior to its amendment in 2009) defined employee as meaning any person employed on wages in a managerial or administrative capacity in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, manual, ..... (h) the payment of gratuity (amendment) act, 2009 was notified in the ..... the amendment of the definition of employee in section 2(e) of the gratuity act is ..... amendment aforesaid the definition of employee in section 2(e) extended to teachers as well, making teachers in schools covered by the gratuity act ..... in view of the law aforesaid laid down by the supreme court, proposed to widen the definition of employee in order to extend the benefit of gratuity to teachers, introduced the payment of gratuity (amendment) bill, 2007 in lok sabha; however, the said bill was subsequently withdrawn. ..... raised by the petitioner of the said respondent no.3 employed as a trained graduate teacher (tgt) with the petitioner school being not an employee within the meaning of section 2(e) of the gratuity act and resultantly, holding the proceeding initiated by the respondent no.3 mrs. p. ..... (b) the ministry of labour and employment, government of india issued notification dated 3rd april, 1997 whereby gratuity act was extended to educational institutions as well, in which 10 ..... (c) no.6168/2010 titled independent schools federation .....

New Green Field Public School Vs. The Controlling Authority and Ors.

Court : Delhi

..... union of india dealt with the said issue and recorded/found/ held that: (a) section 2(e) of the gratuity act, (prior to its amendment in 2009) defined employee as meaning any person employed on wages in a managerial or administrative capacity in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, manual, ..... (h) the payment of gratuity (amendment) act, 2009 was notified in the ..... the amendment of the definition of employee in section 2(e) of the gratuity act is ..... amendment aforesaid the definition of employee in section 2(e) extended to teachers as well, making teachers in schools covered by the gratuity act ..... in view of the law aforesaid laid down by the supreme court, proposed to widen the definition of employee in order to extend the benefit of gratuity to teachers, introduced the payment of gratuity (amendment) bill, 2007 in lok sabha; however, the said bill was subsequently withdrawn. ..... raised by the petitioner of the said respondent no.3 employed as a trained graduate teacher (tgt) with the petitioner school being not an employee within the meaning of section 2(e) of the gratuity act and resultantly, holding the proceeding initiated by the respondent no.3 mrs. p. ..... (b) the ministry of labour and employment, government of india issued notification dated 3rd april, 1997 whereby gratuity act was extended to educational institutions as well, in which 10 ..... (c) no.6168/2010 titled independent schools federation .....

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

Court : Chennai

..... 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. ..... it reads as follows :abstractplantation labour act, 1951(central act 69 of 1951) and the tamil nadu plantation labour rules 1955-amendment to tamil nadu plantation labour rules 1955-preliminary notification-confirmed.labour and employment (i2) departmentg.o.ms.no.183dated: 28.12.2006read:-1.g.o.ms.no.65, labour and employment, dated 25.4.2005.2.government letter no.22834/i2/2005-1, dated 22.6.2005.3.from the commissioner of labour, letter no.p1/19450/2005, dated 23.6.2005, ..... filed by the third respondent, the central government had clearly justified the implementation of the provisions and in paragraph 12, it was averred as follows : 12....it is submitted that the provision of welfare officer under section 18 of the plantations labour act, 1951 have not been repealed neither amended. ..... respondent state of tamil nadu, a detailed counter affidavit, dated 08.12.2010 has been filed. .....

K.R.Chandrasekaran Vs. Union of India and ors.

Court : Chennai

..... erode district were given as security for repayment, and since the second respondent/landlord failed to pay back the amount, the first respondent/bank, after giving demand notice under section 13(2) of the sarfaesi act on 15.12.2010, followed by possession notice under section 13(4) of the sarfaesi act on 22.2.2011, has obtained the impugned order of assistance dated 9.4.2011 from the learned chief judicial magistrate, erode under ..... /- on 13.10.2009 and due to the non payment by the borrower (second respondent in w.p.no.104 of 2012), after classifying the account as a non performing asset, the first respondent/bank has issued a demand notice under section 13(2) of the sarfaesi act on 15.12.2010, followed by possession notice under section 13(4) of the sarfaesi act on 22.2.2011 and thereafter, obtained an order of assistance from the learned chief judicial magistrate, erode under ..... sixty days time for payment; thereafter, by virtue of the subsequent amendment introducing sub-section 3-a to section 13 of the sarfaesi act, the borrower himself has got a right to give proper representation, which is considered, and of course, against rejection of the same, no application can be filed under section 17 of the sarfaesi act; and ultimately, it is only after giving possession notice under section 13(4) of the sarfaesi act, the secured creditor can approach the chief judicial magistrate for taking ..... ..... ..... plantation ..... bombay iron and steel labour board, (2010) 2 scc 273; and (iii .....

Delhi Transport Corporation Vs. the Presiding Officer Labour Courtand# ...

Court : Delhi

Reported in : 2012(3)LLN267(DB)

..... learned single judge rejected the dtcs contention that section 2(oo)(bb) of the industrial disputes act was applicable, was untenable since that provision was introduced by an amendment which came into force on 18.08.1884. ..... matter has become final, it appears to us to be rather incongruous that the reference be made under section 10 of the act in the circumstances like the present one. ..... though this aspect was agitated before the labour court, it is not clear as to whether the labour court seriously went into the issue; the dtcs pleadings on this are not ..... malayalam plantations limitedreported in 1988 vol.73 fjr 337), non compliance with section 25 f of the act, invalidated the termination order. ..... not to have been made, as the claim for adjudication was made 7 years after the industrial dispute arose we do not disturbed the findings with regard to illegal termination due to non compliance of the section 25 f of the industrial disputes act. ..... to the over all circumstances, we are of the opinion that even though dtcs appeal is well founded in merit at least as far as the question of delay is concerned, yet as to whether it was justified in ignoring the provision of section 25 f, it could not have succeeded. ..... aspect is, whether the dtc is correct in contending that, being a probationer, the respondent could have been discharged without a notice, deemed mandatory under section 25 f of the industrial disputes act. ..... 17440/2010 is allowed in the above ..... 17440/2010 is accordingly ..... 17440/2010 .....

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

..... plantations labour (amendment) act, 1960, certain amendments were made in different provisions of the principal act ..... 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 ..... 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 ..... was introduced by the amendment act, reads as under:1(5) the state government may, by notification in the official gazette, declare that all or any of the provisions of this act shall apply also to any land used or intended to be used for growing any plant referred to in clause (a) or clause (b) of sub-section (4), notwithstanding that:(a) it admeasures less than 10.117 hectares or(b) the number of persons employed therein is less than thirty:provided that no such declaration ..... -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 .....

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. ..... under section 25l(3), the plantation as defined under section 2(f) of the plantations labour act was also covered by the said ..... (b) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act lxix of 1951); ..... apart from that, section 20 read with rule 69 of the tamil nadu plantations labour rules, 1985 provides for weekly holiday for the plantation workers wherein the workman is entitled to have sunday as a compulsory weekly off. ..... therefore, the provisions of the plantations labour act are applicable to all the plantations including the petitioners in these writ petitions. ..... agony of plantation workers (otherwise known as tea garden labours) was sought to be remedied only after india became a republic in the form of plantation labour act, 1951. ..... under the plantations labour act, chapter vi deals with leave with wages for the ..... 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. ..... 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 ..... 587 of 2010 (slp(c) .....

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

Court : Chennai

Reported in : (1997)ILLJ20Mad

..... 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 plantations labour act, 1951 (69 of 1951)'. ..... he brought to my notice the amendment act 46/82 wherein the word 'industry' is ..... even though it is said that the said amendment act 46/82 has not come into force, it throws some light to understand the definition of 'industry'. ..... 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 ..... , in my view, the 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. ..... m4 dated august 1982 which is the letter of the deputy commissioner of labour madras 6 the office bearers of the different unions show a categorical statement that their demands have been settled except filling up of certain posts. ..... of this court has held that if the agricultural activity cannot be dissociated from the industrial activity and the main activity is industrial activity then the entire establishment will come under the purview of section 2(j) of the industrial disputes act. .....

Hotel Hindusthan International Karmachari Union Vs. Hotel Hindusthan I ...

Court : Kolkata

Reported in : 2008(4)CHN567,[2008(119)FLR545],(2009)ILLJ747Cal

..... 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 ..... 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 ..... the registrar observed that the appellant did not have the right under section 28a to apply for being recommended as sole bargaining agent under section 28a of the trade union act as the concerned hotel was neither an 'industrial establishment' nor a 'class ..... once the management has been given the authority to prefer an appeal against any grant of certificate under section 28a we fail to appreciate how the employer could be refused right of audience before passing of the ..... section 11 of the said act of 1926 another west bengal amendment, inter alia, provides that any management of 'industrial establishment' if aggrieved by the decision of the registrar under chapter iiia in connection with grant or cancellation of any certificate is entitled to prefer an appeal before the ..... section 28a has been introduced by west bengal amendment ..... union act, 1926 (hereinafter referred to as the 'said act of 1926') is a central act with power given to the states to incorporate appropriate amendments. .....