Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Page 1 of about 18,081 results (0.266 seconds)

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)'. ..... 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. 18 ..... in the subsequent proceeding when the second respondent and others raised an industrial dispute, the petitioner has specifically taken the plea that the farm is not an industry within the meaning of section 2(j) of the industrial disputes act. ..... industrial tribunal : (1970)iillj249mad wherein the learned single judge 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. ..... reference to them it is stated at the end of the said paragraph that parties agreed to have further discussion on this issue alone in a subsequent meeting to be arranged by the deputy commissioner of labour, madras. in ex. ..... but, 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 .....

K.T. Rolling Mills (Private), Ltd. Vs. Meher M.R. and ors.

Court : Mumbai

Reported in : (1962)IILLJ667Bom

..... 2 of the plantation labour act, 1951 (lxix of 1951). ..... 2 of the plantation labour act, 1951.' by s. ..... in case of provisions of the nature before us farming part of legislation intended to deal with investigation and settlement of industrial disputes and the manner of their insertion in the act and the wide scope of the application of the act, it is permissible, within bounds, to have regard to the state of things and circumstances existing at the time of the insertion of those provisions, to the law prior to the amendments, to the necessity of those provisions, and the evil which they were designed to remedy. 16 ..... (d) refer the dispute or any matter appearing to be connected with or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to tribunal for adjudication : provided that where the dispute relates to any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c) ..... 2 of the mines act, 1952 (xxxv of 1952); or (iii) a plantation as defined in clause (f) of s. ..... 2 of the mines act, 1952 : or (iii) a plantation as defined in clause (f) of s. ..... 7, 7a, 7b, 10 and 15 is that on any industrial dispute being raised the appropriate government is entitled to refer that dispute to a board, labour court, industrial tribunal or national tribunal in accordance with the provisions of the act. .....

Hind Lamps Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)ESC526

..... the plantations labour act, 1951 (69 of 1951), provides that it shall be duty of every employer to construct and maintain for every worker and his family residing in the plantation necessary housing accommodation subject to the other provisions of the act. ..... amongst other relevant facts and under a proper scheme of dearness allowance adjustments can be made when necessary from time to time so as to take into account an appreciable rise in the rents which industrial labour may have to pay and this fact has also been mentioned that this is the reason that industrial tribunal did not entertain employees' claim for housing and do not even allow a separate demand for house rent allowance as such. ..... petitioner, hind lamps limited, is a company registered under the indian companies act, situated at shikohabad, through its general manager, has approached this court for quashing of the award of the industrial tribunal ivth agra dated 7.5.1985 (annexure 1 to the writ petition) to the extent house rent allowance has been allowed to the worker of the aforementioned establishment, who have not been provided the house accommodation with effect from 31.3.1980.2. ..... 28 of 1949), the madhya pradesh housing board act, 1950 (madhya pradesh 43 of 1950), the hyderabad labour housing act, 1952 (hyd. ..... 69 of 1948), the mysore labour housing act, 1949 (mys. .....

Parry and Co. Ltd. Vs. Presiding Officer, Ii Additional Labour Court, ...

Court : Chennai

Reported in : 1997(3)CTC209

..... will apply only to an industrial establishment which has been defined under section 25-l of the said act, which reads as follows :- '25-l definitions - for the purpose of this chapter, (a) 'industrial establishment' means - (i) a factory as defamed in clause(m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause of sub-section (1) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, - (i) in relation to any company in which not less than fifty-one per ..... cent, of the paid up, share capital is held by the central government, or (ii) in relation to corporation (not being a corporation referred to in sub-clause (i) of clause (a) of section (2) established .....

Workmen of Bharat Heavy Electricals Ltd. Vs. Union of India and Others

Court : Karnataka

Reported in : ILR1992KAR2689; 1992(3)KarLJ610; (1993)ILLJ833Kant

..... the plantation labour act, 1951, where section 2(k) defines 'worker' as any person employed in the plantation whose monthly wages does not exceed rs. ..... it is urged on behalf of the petitioner that :(i) section 2(9) of the act results in excessive delegation of the essential functions of the legislature and is, therefore, invalid; (ii) modification of the rule impugned is not made after due formalities being observed as provided in section 95 of the act; (iii) before issuing the impugned notification the central government had not applied its mind to the benefits enjoyed by employees not covered by the act, and the capacity of the employees' state insurance corporation to provide such facilities, or of the state government, as enjoined under the act. ..... however, considering the deliberations of the corporation in this regard to which i have adverted earlier and having taken a decision to revise the wage fixation so far as ceiling for the purpose of coverage of the act, a committee having been appointed, that committee having made a report, the matter was discussed at length by the corporation and thereafter the matter was referred to the government, the government called for certain clarifications from the corporation and thereafter only this figure is adhered to. .....

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. ..... rules for appointment of welfare officers in plantations wherein 300 or more workers are employed by prescribing the duties, qualifications and conditions of service of the welfare officers as per section 18 of the plantations labour act 1951 based on that the state government has addressed to the government of india for approval of the draft rules and issued preliminary notification in g.o.ms.no.65 labour and employment (12) department, dated 25.04.2005 framing rules for appointment of labour welfare officers after getting the approval of government of india, ministry of labour and employment, new delhi in letter no.s-66012 .....

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

Court : Chennai

..... (b) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act lxix of 1951); or4.4. ..... the 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. ..... therefore, the provisions of the plantations labour act are applicable to all the plantations including the petitioners in these writ petitions. 6.4. ..... under section 25l(3), the plantation as defined under section 2(f) of the plantations labour act was also covered by the said chapter. ..... 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 the plantations labour act, chapter vi deals with leave with wages for the workman. ..... the act for the first time attempted to provide certain minimum safeguards in respect of health and welfare of plantation labours. ..... after setting out the objects behind the act, the state government informed that plantations are covered by the act and that since it is a social legislation protecting the interest of labours, exemption sought for cannot be granted. .....

R.L. Rikhye Vs. State of Assam and anr.

Court : Guwahati

..... in the said case, according to the inspector, the employer was liable to be prosecuted under section 36 of the plantation labour act, 1951. ..... that being so, the present petitioner who is only a director of the company cannot be prosecuted under the plantations labour act for the alleged violation of sections 26 and 27 of the act and rule 76 of the assam plantations labour rules, 1956. 5. ..... sarma, learned counsel for the petitioner submits that in view of the definition of 'employer' in section 2(e) of the plantations labour act, the petitioner in the facts and circumstances of the case, is not employer and no complaint against him could have been filed. ..... saikia, manager, boroi tea estate violated sections 26 and 27 of the plantation labour act. ..... 2 medical inspector under the plantation labour act. ..... 1951 by failing to produce certificate of fitness for non-adult worker of the plantation and also violated the provisions of rule 76 of the assam plantation labour rules, 1956 by not maintaining the register of non-adult workers in form no. .....

Kerala Plantation Workers Federation and anr. Vs. Union of India (Uoi) ...

Court : Kerala

Reported in : 2009(2)KLJ724

..... still further, it is stated in the next paragraph (paragraph 5;) of the counter affidavit that the amendment proposal to the plantations labour act, 1951 was under active consideration of the government; it was discussed in the meeting of the 'tripartite industrial committee on plantation industry' held on 3.4.2002 and as decided in the meeting, an 'inter-ministerial committee' with the representative of the ministries of commerce, finance and labour and also the state government of assam, west bengal, kerala and tamil nadu was constituted on 5-6-2002 to look into the various issues concerning the plantation sector. ..... s.66025/4/2004-ir(pl) dated 12-9-2008 of the government of india, ministry of labour and employment, new delhi to the effect that the cabinet has approved the amendment of section 2(k)(ii) of the plantation labour act, 1951 and that the bill containing the amendment proposal is 'likely to be introduced in the ensuing session of parliament'.7. ..... the petitioners are the different trade unions registered under the trade unions act, representing the major work force in the plantations in the state of kerala, which come within the purview of the plantation labour act, 1951. ..... the second respondent/state adds it point blank that, if the definition as it stands now is strictly taken into account, the workers of plantation would never get the protection of the plantation labour act, 1951.9. .....

Ramakrishna Sharma S. and ors. Vs. Inspector of Plantations and ors.

Court : Kerala

Reported in : (2008)2LLJ789Ker

..... the inspector of plantations, nedumangad filed annexure a complaint against the above directors dated march 14, 2003 under section 39 of the plantation labour-act, 1951 (central act 69 of 1951)(hereinafter' referred to as 'the act'), and rules, 1959 upon which s.t. no ..... the learned counsel took me through various documents and other materials available on records and also through various provisions contained in the plantations labour act 1951 (act 69/51) and rules ..... the ultimate employer must ensure vicariously and the manager must personally ensure the actual implementation of the provisions of the plantations labour act strictly in the plantation concerned at the risk of being ..... yet, another contention advanced on behalf of the petitioners is that in the light of annexure-h judgment, no prosecution will lie against the petitioners as the provisions of the plantation labour act and rules made thereunder are not applicable to ambanad ..... labour act 1951, but the accused is one bejoy mathew, assistant manager, ambanadu estate, ..... revealed by the preamble of the act, the object of the act is to provide adequate measures for the welfare or labour, and to regulate the conditions of work, in plantations. ..... in this juncture, it is to be remembered that the ultimate beneficiaries of the act and rules are the labourers who are constrained to work in plantations, which are mainly situating in mountain areas where the climatic and other health conditions are hazardous when compared with urban .....