Judgment Search Results Home > Cases Phrase: the kerala cashew workers relief and welfare fund amendment act 1987 1 Page 1 of about 3,453 results (0.509 seconds)

Charangat Coir Manufacturing Co. (P) Ltd. Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT312; (2004)IILLJ448Ker

..... , 2002 (1) klt 658 (sc) = (2002) 2 scc 459, where the supreme court after dealing with the provisions of the kerala fishermen welfare fund act, 1985, as amended by act 15 of 1987, held as follows:-'22. ..... the preamble of the kerala coir workers' welfare fund act, 1987 states that it was enacted 'to provide for constitution of a fund to grant relief to, to promote the welfare of, and to pay pension to coir workers and self employed persons in coir industry in the state of kerala and for certain other matters incidental thereto'. ..... section 4(2) of the kerala coir workers' welfare fund act was amended as follows:-'(2) every employer, producer of coir products and dealer should pay to the fund a contribution at the rate shown in the annexure per year'.6. ..... whether on behalf of himself or for any other person one or more coir workers to do any work in connection with the processes in coir industry'.as per section 2(ha) of the amended act, the 'exporter' is defined as follows:''employer' means any dealer or producer of coir products who exports coir products to any country outside india from ports within the state of kerala and any such person who produces in or procures from kerala such coir products and exports them to any country outside india from ports outside ..... the above act was amended by the kerala coir workers' welfare fund (amendment) act, 1998, hereinafter referred to as the amendment act, which came into force with effect from 30th day of september, 1997. .....

Merchants Association Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT127; (2006)IILLJ985Ker

..... the validity of paragraph 29 a of the kerala headload workers (regulation of employment and welfare) scheme 1983 providing for accident relief fund for headload workers is under challenge in ..... )the government have decided to amend certain provisions of the kerala headload workers (regulation of employment and welfare) scheme, 1983 and issued a draft notification for that purpose ..... the kerala headload workers act is intended 'to regulate the employment of headload workers in the state of kerala and to make provision for their welfare, for the settlement of disputes in respect of their employment or non-employment and for ..... the kerala headload workers (regulation of employment and welfare scheme, 1983 is issued under section 13 of the act ..... (3) the additional welfare levy amount received by the committee shall be transferred and credited to the accident relief fund to be maintained by the board, at the end of each month in the manner specified by the board,(4) failure to make contribution in time to the accident relief fund shall render the employer concerned liable to pay the compensation under the workmen's compensation act, 1923 (central act 8 of 1923) by himself as usual and the board or committee shall not in any way be liable or accountable to pay compensation ..... rajasree and the learned standing counsel sri.sathish kumar contend that the amendment is within the scheme of the act and introduced only to safeguard the interests of the employers as well, in the unlikely event of .....

All Kerala Distributors Association, Represented By Its Secretary Vs. ...

Court : Supreme Court of India

..... the amended provisions of the 1976 act and the 1985 act merely prescribe the modalities for payment and collection of vehicle tax or payment of contribution to the kerala motor transport workers welfare fund by requiring the employer/vehicle owner to produce receipt regarding payment of contribution to the welfare fund before the taxation officer while offering to pay vehicle tax under the 1976 act.30. ..... we therefore hold that sub-sections (7) and (8) of section 4 of act 24 of 2005 is constitutionally valid; so also section 8a introduced under the welfare fund (amendment) act. ..... 1985, immediately before the commencement of the kerala motor transport workers welfare fund (amendment) ordinance, 2005 shall continue to exercise such powers, in respect of the case pending before such officer or authority. ..... - (1) the government may, by notification in the gazette, frame a scheme to be called the kerala motor transport workers welfare fund scheme for the establishment of a fund under this act for employees and there shall be established, as soon as may be after the framing of the scheme, a fund in accordance with the provisions of this act and the scheme. ..... notably, in the writ petitions filed before the high court of kerala, challenging the stated provisions in the state enactments, no relief or declaration was sought in respect of section 8a of the 1985 act. .....

E.S.i. Corpn. Vs. Raj Cashew Company

Court : Kerala

Reported in : (1992)ILLJ206Ker

..... the dispute relates to wages paid for certain holidays under the kerala industrial establishments (national and festival holidays) act, 1958 (for short 'the holidays act'). ..... , (1981-ii-llj-141) the employees' insurance court accepted the respondent's contention and held that holiday wages are not wages as defined in the act and contribution could not have been levied thereon and granted relief in regard to the contribution so paid for the year 1982 but denied relief for the year 1981 on the ground of limitation.3. ..... it includes other additional remuneration, if any, paid at intervals not exceeding two months; however it does not include any contribution paid by the employer to any pension fund or provident fund or under the employees' state insurance act, any travelling allowance or the value of any travelling concession or any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment or any gratuity payable on discharge. ..... corporation, (1984-ii-llj-475), observed that the act is a welfare legislation and the definition of 'wages' is designedly wide and any ambiguous expression should receive a beneficent construction.7. ..... prior to the amendment of 1966, payment made for authorised leave has been held to be not wages by the bombay high court in employees' state insurance corporation v. ..... the respondent paid holiday wages to the workers. ..... common respondent herein is a private limited company running cashew factories at various places. .....

Present:- Ms. Savita Saxena Advocate Vs. the Central Administrative Tr ...

Court : Punjab and Haryana

..... national campaign for dignity and rights of sewerage and allied workers (2011) 8 scc568 this court while dealing with the issue made the observation that in exceptional rathore poonam c.w.p.no.26202 of 2013 -6- 2014.02.13 11:16 i attest to the accuracy and integrity of this document circumstances where there is inaction by the executive, for whatever reason, the judiciary must step in, in exercise of its constitutional obligations to provide a solution till such time the legislature acts to perform its role by enacting proper legislation to cover the field. ..... bisht (2007) 6 scc586 this court held that issuing any such direction may amount to amendment of law which falls exclusively within the domain of the executive/legislature and the court cannot amend the law.17. ..... in such a fact situation, no relief can be granted to the petitioner. ..... similarly, in supreme court employees welfare assn. v. ..... the issue involved herein was considered by this court in university of kerala v. .....

Voltas Volkart Employees Union Rep. by Its General Sect. Madras- 18 Vs ...

Court : Chennai

Reported in : 2000(1)CTC184; (2000)ILLJ969Mad

..... while upholding the judgment of the kerala high court sustaining the validity of the amendment act, the supreme court observed that article 43 of the constitution of india ensures proper conditions of work for the employees for decent standard of life and full enjoyment of leisure and social and cultural opportunities. ..... , : (1999)illj289sc , the supreme court considered the validity of kerala industrial establishments (national and festival holidays) amendment act 24 of 1990. ..... though such correspondence has been filed only from the year 1994, in the affidavit of the union, it is positively asserted that the same practice was prevalent even prior to 1984, and in order to avoid controversy.the memorandum of understanding was signed in 1984 and since then the management used to send the list to the union and the union would select 12 holidays according to the choice of the workers. ..... in the counter filed by the management, it was contended that the company was always strictly adhering to the various statutory provisions which are applicable to the company and it was one of the few companies in which several welfare measures have been provided for the employees. ..... the learned judge also held that the relief sought for under article 226 of the constitution of india was not maintainable, nor the situation was monstrous warranting the exercise of jurisdiction. .....

Raghunathrao Ganpatrao Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191

..... now deleted by section 2 of the impugned constitution (twenty-sixth) amendment act as they stood, read as follows:291 - privy purse sums of rulers(1) where under any covenant or agreement entered into by the ruler of any indian state before the commencement of this constitution, the payment of any sums, free of tax, has been guaranteed or assured by the government of india to any ruler of such state as privy purse -a) such sums shall be charged on, and paid out of, the consolidated fund of india; andb) the sums so paid to any ..... 362 is concerned, it has been held by majority of the judges that the said article is plainly a provision relating to covenants within the meaning of article 363 and a claim to enforce the rights, privileges and dignities under the covenants therefore, are barred by the first limb of article 363 and a claim to enforce the recognition of lights and j privileges under article 362 are barred under the second limb of article 363 and that the; jurisdiction of the courts however, is not excluded where the relief claimed is founded on a statutory provision enacted to give ..... us. 'some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the .....

Shri Raghunathrao Ganpatrao Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1993SC1267

..... deleted by section 2 of the impugned constitution (twenty-sixth) amendment act as they stood, read as follows: 291-privy purse sums of rulers(1) where under any covenant or agreement entered into by the ruler of any indian state before the commencement of this constitution, the payment of any sums, free of tax, has been guaranteed or assured by the government of india to any ruler of such state as privy purse-(a) such sums shall be charged on, and paid out of, the consolidated fund of india; and (b) the sums so paid to ..... concerned, it has been held by majority of the judges that the said article is plainly a provision relating to covenants within the meaning of article 363 and a claim to enforce the rights, privileges and dignities under the covenants therefore, are barred by the first limb of article 363 and a claim to enforce the recognition of rights and privileges under article 362 are barred under the second limb of article 363 and that the jurisdiction of the courts however, is not excluded where the relief claimed is founded on a statutory provision enacted to ..... must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts ..... state of kerala : air1973sc1461 heard some writ petitions along with these two writ petitions and gave its conclusions thus: the view by the majority in these writ petitions is as ..... uttar pradesh : [1987]1scr86 , (4)e. .....

Cotton Corporation of India Limited,bangalore Vs. G.C. Odusumath and O ...

Court : Karnataka

Reported in : ILR1998KAR2553; 1998(6)KarLJ181; (1999)ILLJ19Kant

..... by karnataka amendment act of 1987, the sub-section (4-a) is incorporated after sub-section (4) of section 10 in the act which reads:'10(4-a) notwithstanding anything contained in section 9-c and in this section, in the case of a dispute falling within the scope of section 2a the individual workman concerned may within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner to the labour court for adjudication of the dispute and the labour court shall dispose off such application in the same ..... of india workers' union v food corporation of india and others, while examining the width and content of the expression 'industry carried on by or under the authority of the central government' occurring in the definition of 'appropriate government' as given in section 2(a)(i) of the act, the supreme court held:'the width and content of the expression 'any industry carried on by or under the authority of the central government' as used inthe definition of expression 'appropriate government' in section 2(a)(i) of the industrial disputes act, 1947, has been held to mean pursuant to the authority, such as where an agent or a servant acts under or pursuant to the authority of his .....

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... the court has also referred to the report of the committee, known as the santhanam committee, appointed by the government of india to suggest changes which would ensure speedy trial of cases of bribery, corruption and criminal misconduct and make the law otherwise more effective, which led to the amendments introduced in section 21 ipc by the anti corruption laws (amendment) act, 1964 as well as the statement made by shri hathi, minister- in-charge, while piloting in the lok sabha the bill which was enacted as the anti corruption laws (amendment) ..... to the criminal conspiracy which is the subject matter of the first charge sheet filed on october 30, 1996 and in pursuance to the said criminal conspiracy they had arranged funds and bribed the four jmm mps as the motive or award to secure their support to defeat the 'no confidence motion' and thereby committed the offences punishable under section 120-b ipc and section 7, 12, 13(2) read with section 13(1)(d)(iii) of the 1988 act and substantive offences thereunder along with the ..... the following excerpts from the speech of the minister in the lok sabha on may 7, 1987 and in the rajya sabha on may 11 and august 11, 1987 :-lok sabha'a question has been raised what is the position of a member of parliament or a member of a legislative assembly we have not done anything different or contrary to ..... the key to this case is the duty to serve and, in serving, to act with fidelity and with a single- mindedness for the welfare of .....