Court : Mumbai
Reported in : [2000(84)FLR223]; (1999)IILLJ1370Bom
..... to make solid waste management practices effective and also suggested to the government of india to keep the solid waste management services outside the purview of the contract labour (regulation and abolition) act, 1970 so as to enable public private partnerships and private sector participation in selected areas of solid waste management for improving the quality of life in urban areas. ..... contractor should be a written document on stamp paper; the contractor should be a well established contractor having an independent establishment and should obtain a licence under the contract labour (regulation and abolition) act, 1970, if engaging 20 or more workmen by way of contract labour; should engage his own supervisory staff to carry out the work. ..... that is to say, in the event of the engagement of labour force through an intermediary which is otherwise in the ordinary course of events and involves continuity in the work, the legislature is candid enough to record its abolition since involvement of the contractor may have its social evil of labour exploitation and thus the contractor ought to go out of the scene bringing together the principal employer and the contract labourers rendering the ..... our responsibility in the discharge of our constitutional duty to see if they are entitled to any relief in law and grant them such relief here and now.legal contentions25. mr. ..... therefore, brought this petition for obtaining appropriate relief to the contract labour.18. ..... taken out for interim reliefs. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)ILLJ371Bom
..... the contract labour in the establishment concerned subject to the conditions as may be specified by it for that purpose in the light of para hereunder:(6) if the contract is found to be genuine and prohibition notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process operation or other work of any establishment and wherein such process, operation or other work of the establishment ..... conditions of the license which was granted by the government and submitted that clause (v)(a) and (b) clearly stipulated that the conditions of service of the workmen were to be in accordance with the provisions of the minimum wages act and that clause (b) also prescribes that where the workmen employed by the contractor performs the same kind of work which is performed by the workmen employed by the principal employer then, in that case, hours of ..... industrial court partly allowed the reference and directed the appropriate government to take necessary action under sections 10(1), (2)(a) to (d) of the contract labour (regulation and abolition) act, 1970] (hereinafter referred to as 'clra act') within a reasonable period. ..... he submitted that the union was pressing for the said relief which was granted by the tribunal and, in that event, it could not pursue the argument that the contract was sham and bogus at the same ..... of shops and establishments : (1973)iillj495sc . .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)BomCR574
..... the two issues were:(i) whether the concept of automatic absorption of contract labour in the establishment of the principal employer on issuance of the abolition notification, is implied in section 10 of the contract labour (regulations and abolition) act, 1970 (for short 'clra act'); and(ii) whether on a contractor engaging contract labour in connection with the work entrusted to him by a principal employer, the relationship ..... question whether central government or the state government, is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment ..... grievance of the corporation raised at the time of admission of the appeal that the learned single judge ought to have moulded the relief of absorption as per paragraphs 32, 34 and 35 in the decision of parimal chandra raha and the order in the case of ..... 1973)iillj130sc (supra), this court held that where there is a statutory liability on the company concerned to run a canteen in the factory, then even though the canteen was run by a co-operative society, the employees working in the canteen would be covered by the definition of the word 'employed' envisaged in section 3(13) of the bombay industrial relations act ..... 1973 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2991; JT2009(7)SC92; 2009(II)OLR(SC)229; (2009)12SCC378; 2009(7)LC3326(SC):2009AIRSCW48062009(4)LHSC2600
..... chakradhar mohapatra and ramakrushna mohapatra is vested in the state by virtue of a notification dated 1.5.1954 issued under section 3 of the orissa estate abolition act, 1951 (in short the `act'). ..... ojc 2063 of 1992 and held that in view of the finding in that case kamala devi and kishore chandra pattnaik were deemed to be tenants under the state government under section 8(1) of the act and the present respondent being successor in interest of kamala devi was to step into her shoes and has to be treated as a tenant under the ..... that:where any act, to which this chapter applies, repeals any other enactment, then the repeal shall not- (a)-(e) * * * (f) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such fine, penalty, forfeiture or punishment may be imposed, as if the repealing act had not been passed ..... also give reason to claim relief against fraud. ..... to 1973 settlement proceedings were carried out under the orissa survey and settlement act, 1958 (in short the `settlement act'). ..... by publication dated 6.12.1973, the state was recorded as the owner/title holder of the entire land of 1056.8 ..... evidence as regards to acquiring of right, title, interest and possession over the suit land which is government land as per the finally published ror of the year 1973-74. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj200; (1965)GLR978
..... was extended to lands covered by the land reforms act and the barkhali abolition act and, with a view to extending relief in assessment to deemed settled lands covered by the two acts, the orders embodied in government circular memorandum dated ..... , by a notification dated may 20, 1959 the government of bombay substituted rule 17 by another rule which took in the lands covered by the land reforms act and the barkhali abolition act also and therefore, the new rule applied to all agricultural lands in respect of which there was no survey under chapter viii and no settlement under chapter ..... collector under section 52 of the code the amount of annuity gels correspondingly reduced, there is no infringement of section 18 or 19 of the act, for, in the view we lake of those sections, that is precisely and the only right which the act confers on the petitioners.besides, no right of hearing to barkhalidars is given either under the barkhali abolition act or under section 52 of the code since the validity of these provisions has not been challenged in these petitions and the ..... the saurashtra state on january 20, 1949 the code was made applicable to the area of the junagadh state at the time when the code was made so applicable, or even when the barkhali abolition act was passed in 1951, the bombay land revenue rules as adapted and applied to the state of saurashtra did not contain rules 17 and 18 as the two rules were repealed by the government of bombay by n notification dated march 5, 1940. .....
Tag this Judgment!Court : Chennai
Reported in : (2001)ILLJ1095Mad
..... sections 7 and 12 of the contract labour (regulation and abolition) act, 1970 r/w relevant rules; that the society gave an assurance before the apex court on 26.9.1986 in contempt petition 10530 of 1986 to employ the petitioner therein directly and to exclude any ..... w-7 and w-8 asking the staff to exercise supervision and control over the graders and porters working in the yard; that the society was represented as employer in the conciliation proceedings under the industrial disputes act, 1947, as shown under ex.w-12, and agreed to pay the festival advance; that the society has given a conduct certificate to one sultan mohideen, whom the society claimed was only a contractor or ..... third respondent/society, the learned senior counsel would contend that the porters and graders whose names were given in the list were not work-men as defined under the industrial disputes act and hence no valid industrial dispute can be raised against the society that they appear to be under the employment of certain contractors whose services are made available to the members of ..... in w.p.no.9333 of 1985, the appellant sought for a relief of writ of mandamus directing the first respondent, state of tamil ..... chief inspector of shops and establishments and another, 1973 (2) llj 49, the supreme court has held thus;' it is exceedingly doubtful today whether the search for a formula in the nature of a single test to tell a contract of service from a contract for ..... establishment workers union and others 1973 lic. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001LabIC4091
..... the manner mentioned in the explanation to section 20 of the uttar pradesh state universities act, 1973 ;(e) has been found suitable for regular appointment by a selection committee constituted under sub-section (2) ;may be given substantive appointment by the management of the college, if any substantive vacancy of the same cadre and grade in the same department is available on the date of commencement of the act referred to in clause (a).(2) the selection committee consisting, the following members namely ..... 1992 :(b) was so appointed after three months of the notification to the commission under subsection (1) of section 16 as it stood before its omission by the act referred to in clause (a) , or if appointed within such period, no recommendation was made by the commission within such period ;(c) possessed on the date of suchcommencement, thequalifications required forregular appointment to thepost under the provisions ofthe ..... 1992, (hereinafter called the 1992 amendment act), and the uttar pradesh higher education services commission (amendment) act, 1997, (hereinafter called the 1997 amendment act), the petitioner prays for issuance of a writ, order or direction, including a writ in the nature of mandamus, commanding the statutory selection committee, constituted under section 31c (2) of the 1997 amendment act, directorate of higher education, allahabad through its director, to consider his case for regularisation ..... 1991 stood repealed with ..... entitled to any relief in this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... is true that in para 6 of the report in the last four lines it is observed while referring to dena nath's case (supra) that neither the act nor the rules framed by the central government or by any appropriate government provide that upon abolition of the contract labour, the labourers would be directly absorbed by the principal employer, but that is not the ratio of the decision of the said three-member ..... as the case may be, may specify in this behalf; and in a factory, it means the owner or occupier of the factory and where a person has been named as the manager of the factory under the factories act, 1948, the person so named; in a mine, it means the owner or agent of the mine and where a person has been named as manager of the mine, the person so named; and in any other ..... appellant initially was a statutory authority under international airport authority of india act, 1971 (for short, 'iaai act') and on its repeal by the airports authority of india act, 1994 was amalgamated with national airport authority (for short, the ' ..... express provision in the act for absorption of the employees whose contract labour system stood abolished by publication of the notification under section 10(1) of the act, in a proper case, the court as sentinel in the qui vive is required to direct the appropriate authority to act in accordance with law and submit a report to the court and based thereon proper relief should be granted.67. ..... proceedings dated may 22, 1973 the regional labour commissioner ..... 1973 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj151; (1961)2GLR343
..... jagirdar sardarsing gajesing had any rights over the gotimda forest which were legally enforceable against the state of bombay, such rights were abolished by the bombay merged territories and areas (jagirs abolition) act, 1953, and since the appellant derived his title by virtue of the contract dated 21st august 1948, from jagirdar sardarsing gajesing, the appellant's rights in respect of the trees ..... scheme, rule, form or by-law issued, made or prescribed under any law, as were in force immediately before the appointed day in any indian state shall continue in force until altered, repealed or amended by an order under the extra-provincial jurisdiction act, 1947 (xlvii of 1947) : provided that the powers that were exercised by the ruler of an indian state in respect of or in relation to such indian state under any such ..... the one hand and vohra hathimbhai badruddin mithaborwala or the appellant on the other hand and that the appellant was, therefore, still entitled to claim the relief of injunction against the state notwithstanding that the period of three years mentioned in the said contract had expired. ..... the concessions conferred under that agreement were in respect of income-tax payable to the jind state and since the rights to these concessions were extinguished by the ordinance and income-tax was claimed from the company by the patiala union on the basis of the patiala income-tax act, section 2001, which was made applicable by the ordinance, the company filed a petition in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR597; 2002(1)BomCR197; (2001)4BOMLR691; [2002(93)FLR58]; (2001)IILLJ1398Bom
..... he submits that even if the relief that falls for consideration in the present application would overlap with the reliefs that could be granted in the complaint pending before the industrial court, even then there was no inhibition for the authority to proceed to decide the matter on merits, having regard to the power conferred by the contract labour (regulation and abolition) act. ..... on conjoint reading of the definition of workman with clauses (b) and (o) of rule 25(2)(iv) of the maharashtra contract labour (regulation & abolition) rules, 1971, the submission made on behalf of the petitioner union that duty is cast upon the authorities under this act (contract labour act) to ensure that wages specified in this behalf by the commissioner of labour are observed. ..... the preamble of this act reiterates the object of the enactment which mentions that : an act to regulate the employment of the contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. ..... act, 1971, unless the benefits in respect of any matter which are more favourable to the workmen so employed than those to which they would be entitled under the contract labour act, as such it would be the duty of the officer/authority empowered under the contract labour act to give effect to the provisions of this act, notwithstanding the possibility that the workman could avail of a similar relief under some other enactment including m.r.t.u. & p.u.l.p. .....
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