Court : Gujarat
Reported in : (1989)1GLR396
..... section 25l provides the dictionary for the purposes of that chapter and defines an 'industrial establishment' to mean : (i) a factory as defined in clause (m) of section 2 of the factories act, 1948; (ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951. ..... broadly stated, the defence is two-told, namely, (i) that the relief works undertaken by the state government and executed by the district panchayat in discharge of the sovereign function of the state cannot, therefor, come within the meaning of 'industry' defined in section 2(j) of the act; and (ii) alternatively, even if it is assumed (though not admitted) that the petitioners have completed 240 days as alleged and the provisions of the act apply, the termination of service of the petitioners cannot be termed 'retrenchment' within the meaning of section 2(00) of the act as the case falls within the exception contained in clause (bb) of the said ..... the petition was resisted on the ground that construction and maintenance of the dam cannot be said to be an 'industry' within the meaning of section 2(j) of the act and, therefore, the matter fell outside the purview of the act; the termination order being the outcome of the exercise of sovereign functions of the state in the construction of dams for irrigation purposes, vide entry 17 in list ii of the seventh schedule to the constitution. .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR395; (1966)IILLJ389Guj
..... this is really a labour legislation, regulating the conditions of work and employment and provides for health, safety and welfare provisions and corresponds to the factories act, 1948, or the mines act, 1952, or the dock labour (regulation of employment) act, 1948, or the plantations labour act, 1957, enacting similar provisions for workers employed in the factories, mines or the docks or the plantations. ..... section 2(4) is as under : ''commercial establishment' means an establishment which carries on any business, trade or profession or any work in connexion with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connexion with or incidental or ancillary thereto but does not include a factory, ..... it enacts that notwithstanding anything contained in the act, the state government may, by notification in the official gazette, declare any establishment or class of establishments to which, or any persons or class of persons to whom, the act or any of the provisions thereof does not for the time being apply, to be an establishment or class of establishments or a person or class of persons to which or whom the act or its provisions would apply with such modifications and from such date as the state government deems it necessary. ..... 1951 s.c. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... . it was submitted that the plantation watchmen who were workmen of the forest department, were therefore employed in industry and the provisions of the said act were attracted in their case ..... . referring to article 6 of the international labour organization convention no.98 concerning the application of the principles of the right to organize and to bargain collectively, in which it was stated that 'the convention does not deal with the position of public servants engaged in the administration of the state, nor shall it be construed as precluding their rights or status in any way', the supreme court held in paragraph 68 of the judgement : 'thus, it is well recognized that public servants in the key sectors of administration stand out of the industrial sector ..... was concerned with the question as to whether the entire forest department of the state was an industry, but since the arguments were then confined to the two schemes, namely, panchgaon parvati scheme, which was framed by the government on the basis of a policy decision, as noted in paragraph 15 of the judgement, and the social forestry work undertaken in ahmednagar, as noted in paragraph 18 of the judgement, it was held that there was no threshold bar in knocking the door of the industrial courts by the respondents making a grievance about adoption of unfair labour practice by the appellants .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(110)FLR984]
..... and / or services for satisfying wants and desires of consumers, in the sense in which the concepts are understood in the field of industrial economy, satisfying the third ingredient of the triple ingredients test, that such unit, establishment or undertaking of the department can be said to be industry, unless falling in the categories removed by constitutional and competently enacted legislative provisions from the scope of the industrial disputes act as indicated in clause (c) of item iv of the guidelines laid down by the supreme court in paragraph 161 of bangalore water supply case (supra ..... the conciliation proceedings took place much later in the year 1996 where after a reference was made to the labour court aurangabad under clause c of subsection (1) of section 10 read with section 12 of the industrial disputes act, 1947. ..... nursery division is maintaining plantation and selling the same including wood received therefrom, in public on commercial basis. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2684; (2004)ILLJ802Guj
..... now, considering the above background, the provisions made in the payment of gratuity act, section 1 sub-section (3) (a) (b) (c) and 3 (a), section 4 sub-section 1 & 2, section 7 sub-section 7 & 8 are quoted as under:(3) it shall apply to,- (a) every factory, mine, oil field, 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 a state, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months ..... the labour court has held that the project is an establishment within the meaning of the payment of wages act, section 2(ii)(g) of which defines an 'industrial establishment' to mean any 'establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form or power is being carried on'. ..... deputy commissioner of labour (appeals) and another, 2001 (1) llj 1674. ..... additional labour court, chandigarh & others, 1994 (3) llj (suppl. ..... labour court, jalllunder and others, 1980 (1) scc page 4. .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1992)ACC717
..... . it will not be out of place to mention that in section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 1981, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excise of salt act, 1944, section 6(7) of qua rem uneration act, 1976 and in section 5(c) of cinematograph act, 1952 provision identical to or analogous to section 166(3) proviso of the motor vehicles act 1988 are enacted ..... who has sustained (a) by the person who has sustainedthe injury; or the injury; or(aa) by the owner of the property; or (b) by the owner of the property; or(b) here death has resulted from the (c) whether death has resulted fromaccident, by all or any of the legal the accident by all or any of therepresentatives of the deceased; or legal representatives of the deceased; or(c) by any agent duly authorised by the (d) by any agent duly authorisedperson injured or all or any of the by the person injured or also anylegal representatives of the deceased, of the legal representatives ofas the case may be: the deceased, as the case may beprovided ..... . lalit narain mishra reported in : [1974]3scr31 supreme court was called upon to decide the question as to whether provision of the limitation act more particularly sections 4 & 5 of the limitation act would apply to an election petition filed under representation of the people act, 1951 .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ399; AIR1992Guj122; (1992)2GLR976
..... place to mention that in section 20 of the coal mines (nationalization) act, 1973, section 23 of the coking coal mines (nationalization) act, 1972, in section 16(3) of plantation labour act, 198 1, section 10f of companies act, 1956, section 7(7) of payment of gratuity act, section 35 of central excises and salt act, 1944, section 6(7) of qua remuneration act, 1976 and in section 5(c) of cinematograph act, 1952 provision identical to or analogous to section 166(3) proviso to the said provisions and various decisions dealing with such provisions it was contended by the counsel appearing for the insurance companies that ..... , whose claim petitions were filed beyond the period of 12 months from the date of occurrence, of the accident after coming into force of the new act and in view of the fact that the insurance companies would like to contend that proviso to section 166(3) should be strictly construed so as to leave no scope for condonation of delay beyond the period of 12 months from the date of the occurrence of the accident, this court invited the members of the bar to address the court at length on the effect of change in the language used in proviso to sub-section ..... lalit narain mishra reported in air 1974 sc 480 supreme court was called upon to decide the question as to whether provision of the limitation act more particularly sections 4 and 5 of the limitation act would apply to an election petition filed under representation of the people act, 1951. .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)10GLR1002; [1965]55ITR580(Guj)
..... while negativing these two contentions, the income-tax officer remarked as follows : 'besides, the income from the sale of forest and forest produce of spontaneous growth worked out above is clearly not agricultural income within the meaning of section 2(1) of the income-tax act as the lands from which the said income is derived were not only not assessed to the land revenue in the taxable territories and not subjected to a local rate assessed and collected by the officer of the government, but they were also ..... 's father were forest lands and these forests were developed to his definite knowledge, employing therein human labour and skill, that the bansda state, like other state governments, had a forest department consisting of guards and other staff not only to protect the forest from human beings and animals, but also to carry out 'sylvicultural operations including marking of coupe, dibbling, planting, weeding, thinning and doing all types of cultural operations ..... the company purchased a tract of land part of which had already been cultivated with tea but the rest of it was jungle capable of being cleared and made fit for plantation. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj243
..... while negativing these two contentions, the income-tax officer remarked as follows:'besides, the income from sale of forest and forest produce of spontaneous growth worked out above is clearly not agricultural income within the meaning of s.2 (1) of the income-tax act as the lands from which the said income is derived were not only not assessed to the land revenue in the taxable territories and not subjected to a local rate assessed and collected by the officer of the government, but they were also not ..... 's father were forest lands and these forests were developed to his definite knowledge, employees therein human labour and skill that the bansda state, like other state government, had a forest department consisting of guards and other staff not only to provide the forest from human beings and animals, but also to carrying out 'sylvicultural operations including marking of coupe, dibbling, planting, weeding, thinning digging etc and for these operations ..... the company purchased a tract of land part of which had already been cultivat4d with tea but the rest of it was jungle capable of being cleared and made fit for plantation. ..... of income-tax, madras : [1951]20itr385(mad) , where the assessee was a limited company, its main business to cultivate and sell tea, coffee, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(118)FLR285]; 2008GLH(1)352; (2008)2GLR1393
..... section 2(f) of the act provides that in relation to any establishment, belonging to or under the control of any government or any local authority, 'the person who, or the authority which has an ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway, company or shop' will be treated as employer. ..... 2 - mamlatdar, alien recovery, ahmedabad, as well as communication dated 2.9.2006 to deputy labour commissioner at annexure-a to the petition as being illegal, arbitrary, without authority and without jurisdiction.b. ..... regional labour commissioner, central, bangalore reported in 2008 i llj 26 (karnataka) has held that the provisions of section 22(3) and (4) of sica act read with section 7(7) of the gratuity act - the sick industry not exempted from deposit requirement in proviso to section 7(7) of the gratuity act.18. ..... on 2.9.2006, the mamlatdar, alien recovery, ahmedabad sent the papers back to the deputy labour commissioner on the ground that post of one recovery officer has been sanctioned. ..... therefore, the recovery proceedings is to be initiated by the office of the deputy labour commissioner. ..... 2 as well as communication dated 2.9.2006 to deputy labour commissioner herein at annexure-a to the petition.c. ..... deputy commissioner of labour, mumbai and ors. .....
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