Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Court: mumbai Page 1 of about 621 results (0.073 seconds)

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. .....

K.T. Rolling Mills Private Ltd. and anr. Vs. M.R. Meher and ors.

Court : Mumbai

Reported in : AIR1963Bom146; (1962)64BOMLR645; (1962)IILLJ667Bom

..... "by the explanation to section 25a it is provided:"in this section (section 25a) and in sections 25c, 25d and 25e, "industrial establishment means -(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (lxiii of 1948);or(ii) a mine as defined in clause (j) of section 2 of the mines act, 1952 (xxxv of 1952); or(iii) a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 (lxix of 1951)-"by section 25b the expression "one year of continuous service" is defined. ..... "industrial establishment,' means -(1) 'a factory as defined in clause (m) of section 2 of the factories act, 1948 (lxiii of 1948); or (ii) a mine as defined in clause (j) of section 2 of the mines act, 1952 (xxxv of 1952) or (iii) a plantation as defined in clause (f) of section 2 of plantation labour act, 1951 (lxix of 1951)"-"25j. ..... by section 2(k) of the act an "industrial dispute" is defined as "any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person," under sections 10(1) and 12(5) it is competent to the appropriate government to refer an industrial dispute to a board, labour court, tribunal or national tribunal. .....

Lal Bavta Hotel Aur Bakery Mazdoor Union, a trade union Incorporated u ...

Court : Mumbai

Reported in : 2007(3)ALLMR74; 2007(5)BomCR456; [2007(113)FLR568]; (2007)IIILLJ201Bom; 2007(3)MhLj426

..... the expression 'industrial establishment' is for the purposes of the chapter defined by clause (a) of section 25-l as follows:25l(a) 'industrial establishment' means(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948) (ii) a mine as defined in clause (j) of sub-section (l) 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); 5. ..... a complaint of unfair labour practices was instituted by the union, on behalf of the workman under items 4(a) and 4(f) of schedule ii and under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... the third submission is that there is an unfair labour practice with reference to the provisions of items 4(a) and 4(f) of schedule ii to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... thirdly, it was urged that an unfair labour practice with reference to items 4(a) and 4(f) of the iind schedule to the industrial disputes act, 1947 stands established. .....

Hindustan Unilever Limited Vs. Member, Industrial Court and ors.

Court : Mumbai

..... (ii) a mine as defined in clause (j) 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). ..... " the "factory", "mine" and "plantation", as defined under the factories, mines act and plantations labour act, 1951 are the industrial establishments for the purposes of applicability of chapter v-b. ..... this petition challenges the judgment and order dated 27-2-2002 passed by the industrial court, nagpur, in complaint (ulp) no.51 of 2001, declaring the action of closure of the regional accounts office, nagpur, and retrenchment of the employees with effect from 5-1-2001, taken by the petitioner-company to be illegal and amounting to an unfair labour practice covered under item 9 of schedule iv of the maharashtra recognition of trade unions & unfair labour practices act, 1971 (for short, "the mrtu & pulp act") and further directing withdrawal of the same and restoring the position prevailing ..... thakur for the petitioners that the challenge in the complaint is to the retrenchment dated 5-1-2001 and the same is covered by item 1(f) of schedule iv of the mrtu & pulp act and in view of section 5(d) and section 7 of the said act, the jurisdiction of the industrial court is ousted, as it is the labour court, which has exclusive jurisdiction to deal with the aspect. .....

Welcomgroup Searock Vs. Searock Hotel Employees' Union and Anr.

Court : Mumbai

Reported in : 2005(4)ALLMR74; 2006(2)BomCR899; [2005(106)FLR692]; (2005)IIILLJ483Bom; 2005(3)MhLj191

..... the expression 'industrial establishment' is defined in clause (a) of section 25-l thus : '25l(a) 'industrial establishment' means (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause (j) 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).' 4. ..... in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on but does not include a mine subject to the operation of [the mines act, 1952], [a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place ..... having said this, the industrial tribunal came to the conclusion that the provisions of chapter v-b of the act were attracted in the case of the petitioner and since, more than 100 persons were employed and no permission had been sought or received from the appropriate government, the retrenchment had to be regarded as invalid. .....

Pwd Sc, St and Obc Employees Council and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : (1994)IILLJ1192Bom

..... the term 'industrial establishment' is defined as under:-'25(l) (a) 'industrial establishment' means (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 (2) of the mines act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951; (b) not withstanding anything contained in subclause (ii) of clause (a) of section 2(i) in relation to any company in which not less than fifty-one percent of the paid-up share capital is held by the central govt. ..... the learned counsel further contends that if the finding of the industrial court on the maintainability of the complaints and the revisions at the instance of the union is incorrect, then the necessary results must follow and in pursuance of the findings of the industrial court given on the question of section 25(n), the complaints will have to be allowed and the order of the labour court as well as the industrial court will have to be set aside.4. ..... 97/90, 98/90 and 99/90 and confirming the order passed by the labour court by which order the labour court has dismissed the complaints filed by the workmen challenging the notice of retrenchment given to these workmen working with the three divisions of the public works department.2. ..... the industrial court is, therefore, directed to examine this question also and more particularly in the light of the provisions of sections 20, 21, 22 of the unfair labour practices act. .....

Dyes and Chemical Workers Union Vs. Bombay Oil Industries Ltd. and anr ...

Court : Mumbai

Reported in : [2001(89)FLR638]; (2001)ILLJ1252Bom

..... the learned judge was of the view that the expression 'industrial establishment' used in section 25-k of the said act having been defined in section 25-l to mean a 'factory' as defined in clause (m) of section 2 of the factories act, 1948 or a 'mine' as defined in section 2(1)(j) of the mines act, 1952 or a 'plantation' as defined in section 2(f) of the plantations labour act, 1951 and the writ petition pertained to a factory, the expression 'workmen' used in sub-section (1) of section 25-k had to bear the same meaning as in the definition of the expression 'worker' in section 2(1) of the factories act, 1948. ..... general, who appeared for the dock labour board, raised two issues: (i) that the tribunal acted illegally and beyond jurisdiction in making the dock labour board liable for payment of bonus when the claim of the workmen for such payment was against the stevedores association and its members and (ii) having due regard to the provisions of the act and the scheme and the function discharged by the board, the tribunal should have held that there is no employer-employee relationship between the board and the dock labour workmen. .....

Sarva Shramik Sangh and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(2)ALLMR81; 2004(6)BomCR706; [2009(105)FLR353]; (2005)ILLJ809Bom; 2004(4)MhLj1073; 2005(3)SLJ331(Bombay)

..... industrial establishment' has been defined in section 25l(a) to mean a factory as defined in clause (m) of section 2 of the factories act, 1948, a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952 or a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951. ..... however, as regards the breach of section 25n, the labour court was of the view that since the premises in which the workmen were employed was not a factory and, therefore, not an industrial establishment defined under the act, section 25n was ..... he then submits that once the labour court had concluded that there was a breach of section 2(s) of the act, the labour court ought to have granted reinstatement with continuity of ..... he submits that the findings of the labour court that in view of the fact that the ownership of management of the undertaking had been transferred to the karkhana, the respondents could not be saddled with reinstatement or payment ..... the 163 workmen had raised individual disputes and references had been made under section 2(s) of the industrial disputes act, 1947 (hereinafter referred to as 'the act') for adjudication before the same labour ..... the labour court also found that the termination of services effected from 30th june, 1985 was illegal and improper as it was not in accordance with section 25f of the industrial disputes act, 1947 (hereinafter referred to as 'the act ..... the labour court has held that there is a breach of section 2(s) of the act .....

Firm Tulsiram Sadanand Sarda Vs. Assistant Commissioner of Labour, Nag ...

Court : Mumbai

Reported in : (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom

..... various legislative enactments dealing with labour and its employers such as, the trade unions act, 1926, factories act, 1934, industrial employment (standing orders) act, 1946, employees' provident funds act, 1952, and the plantation labour act, 1951, were referred to at the bar for indicating that operations of the material provisions of the above acts depended on the existence of a particular number of workmen or employees in an industrial establishment dealt with by those acts. 15. ..... that being the objectives of the act, existence of organized labour force in the activity as active and co-operative agent for realizing the objective of the activity is an essential factor for including the activity on the part of the employer and employee or the employee and the employer in the definition of industry as given in the act. 17. ..... the important test for deciding whether any business, trade, or a calling of an employer, service, employment, avocation or occupation of an employee constitute an industry within the meaning of the act is not only the character of the activities indicated by the words included in the definition but their form and organization in relation to the employed labour force as an active and creative agent for achieving the fruits of the activity. .....

Lagwad Adhikari and ors. Vs. Shri YasIn Hamid Sayyad

Court : Mumbai

Reported in : 2008(1)BomCR527; (2008)110BOMLR168; 2008(2)MhLj338

..... complainant had put in more than five years of continuous service within the meaning of section 25b of the industrial disputes act, 1947 and everyone of them was entitled for being regularised against the supernumerary post created under the gr dated 19/10/1996, the plantation officer could not give satisfactory reasons as to why the cases of the complainants were not processed for regularisation and it was not the case of the department that their cases were not processed because they were disqualified. ..... the complainants who claimed to have been appointed as daily rated watchman /labour at the plantation centres in shirur taluka of pune district claimed that they had worked continuously for more than five years (six to ten years) and in every year they had completed 240 or more days of service in the preceding five years and, therefore, they were entitled for the benefit of permanency. ..... all these petitions have been filed by the plantation officer, social forestry department at shirur, district pune and the deputy director of social forestry as well as the state government challenging separate orders passed by the industrial court at pune in the respective complaints filed by the daily rated temporary appointees as watchman/ labour and the common relief of granting permanency with consequential benefits has been granted by these orders. .....