Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Court: supreme court of india Page 1 of about 1,610 results (0.144 seconds)

Sunny Kruiakore and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : 1996VIAD(SC)553; [1996(74)FLR2245]; JT1996(7)SC476; 1996(6)SCALE3; (1996)10SCC145; [1996]Supp4SCR709

..... the question which arises in this appeal is whether the provisions of the plantations labour act, 1951 are applicable to the rubber estates owned by the three appellants herein.2. ..... by the plantations labour (amendment) act, 1960, certain amendments were made in different provisions of the principal act. ..... the plantations rubber act, 1951 (hereinafter referred to as 'the principal act') was enacted with a view to provide for the welfare of labour and to regulate the conditions of work in the plantations. ..... section 1(4) of the principal act which specifies the plantations to which the act applies, as originally enacted, reads as under:it applies in the first instance to all tea, coffee rubber and cinchona plantations, but any state government may, subject to the previous approval of the central government, by notification in the official gazette, apply it to any other class of plantations within that state.4. ..... with the insertion of sub-section (5) in the principal act the whole of the sub-section (5) became a part of the principal act and the reference to 'this act' can only mean the principal act of 1951 and cannot, by any stretch of imagination be regarded as meaning the amendment act of 1960.16. .....

Harinagar Cane Farm and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1964SC903; [1964(9)FLR47]; (1963)ILLJ692SC; [1964]2SCR458

..... thus clear that the plantations to which the plantations labour act, 1951 applies are expressly included within the expression 'industrial establishment' as explained by the explanation to s ..... the plantations labour act, 1951 (69 of 1951 ..... when we turn to the provision of this section we find that a 'plantation' means any plantation to which the said act applies, either wholly or in part, and includes other establishments which it is ..... the argument is that this explanation indicates that agriculture of which plantations are a part, is not intended to be excluded from the operation of the act ..... but it may be pointed out that one of the considerations which weighed with this court in dealing with the dispute raised by the appellant in that case was that in the first schedule to the act which enumerates industries which may be declared as public utility ..... what plantations the said act applies. ..... iii) of this explanation shows that the expression 'industrial establishment' in the relevant provisions means a plantation as defined in clause (f) of ..... section 2(g) of this act defines 'scheduled employment' as meaning an employment specified in the schedule, or any process or branch of work forming part of such employment; and when we turn to part ii of the schedule, it expressly provides : employment in agriculture, that is to say, inter alia, in any form of farming including the cultivation and tillage of the soil, dairy farming the production, cultivation, growing and harvesting of any agricultural .....

The Associated Cement Companies Limited, Chaibassa Cement Works, Jhink ...

Court : Supreme Court of India

Reported in : AIR1960SC56; (1960)ILLJ1SC; [1960]1SCR703

..... that explanation states :- 'in this section 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; or (ii) a mine as defined in clause (j) 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.' 15. ..... 2 of the plantations labour act, 1951; but it cannot be a combination of any two of the aforesaid categories; therefore, a factory and a mine together, as in the present case, cannot form one establishment. ..... 18(3) of the act under which in certain circumstances, a settlement arrived at in the course of conciliation proceedings under the act or an award of a labour court or tribunal is made binding 'on all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part. ..... the scheme of the act is that except in the case of national tribunals which are appointed by the central government, the appropriate government makes the appointment of boards of conciliation, courts of inquiry, labour courts and tribunals and it is the appropriate government which makes the reference under s. .....

The Patna Electric Supply Co., Ltd., Patna Vs. the Patna Electric Supp ...

Court : Supreme Court of India

Reported in : AIR1959SC1035; (1959)IILLJ366SC; [1959]Supp(2)SCR761

..... as regards the workers employed in plantations, the plantations labour act, 1951 (69 of 1951), provides that it shall be the 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. ..... it is not seriously disputed by the respondent that the industrial adjudication has so far consistently held that providing housing facilities for industrial labour is the primary responsibility of the state; but the argument is that the scheme formulated by the industrial housing sub-committee in bihar has materially altered the position so far as the state of bihar is concerned. ..... it may be conceded that in a large majority of cases industrial labour is very badly in need of housing accommodation, and it would, therefore, be desirable that such facilities should be afforded to labour either by the state or if possible by the employer or by both of them acting together in co-operation; but we do not see how the present scheme which no doubt is laudable in its object can afford any valid basis for issuing directions against the appellant calling upon it to construct quarters for its workmen as the award purports to do. 12. ..... 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. .....

Excel Wear and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009

..... only three kinds of industries were roped in for the purpose of the rigour of the law provided in chapter vb by defining 'industrial establishment' in clause (a) section 25l 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, 1951.16. ..... on a true construction of section 3, the power of the state to make a reference under the section must be determined with reference not to the date on which it is made but to the date on which the right which is the subject-matter of the dispute arises, and that the machinery provided under the act would be available for working out the rights which had accrued prior to the dissolution of the business.it would thus be seen that in the matter of giving appropriate and reseasonable relief to the labour even after the closure of the business the facts which were .....

P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)

..... for protection of persons employed therein and other relevant circumstances, - specify, by notification in the official gazette;(iia) 'mine' has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the mines act, 1952 ( 35 of 1952);(iii) 'plantation' has the meaning assigned to it in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951);(iv) 'prescribed' means prescribed by rules made under this act;(v) 'railway administration' has the meaning assigned to it in clause (6) of section 3 of the indian railways act, 1890 (9 of 1890); and(vi) 'wages' means all remuneration (whether by way of salary, allowance or otherwise) expressed ..... in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were .....

Rajinder Singh Chauhan and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : 2005(85)DRJ139; [2006(108)FLR1]; JT2005(10)SC25; (2006)ILLJ303SC; RLW2006(1)SC308; 2005(9)SCALE428; (2005)13SCC179; 2006(2)SLJ26(SC)

..... (2) if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate government thereon shall be final.25l: for the purpose of this chapter, - (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);(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 percent of the paid up share capital is held by the central government, or(ii) in relation to any corporation (not being a corporation referred to in sub-clause (i) of clause (a) of section 2) established .....

S.G. Chemicals and Dyes Trading Employees' Union Vs. S.G. Chemicals an ...

Court : Supreme Court of India

Reported in : [1986(52)FLR661]; 1986LabIC863; (1986)ILLJ490SC; 1986(1)SCALE1048; (1986)2SCC624; [1986]2SCR126; 1986(3)SLJ29(SC)

..... of this chapter, -(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 (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; (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 any corporation not being a corporation referred to in sub-clause (i) of clause (a) of section 2 established by or under ..... any law made by parliament,the central government shall be the appropriate government.the definition given in section 25l .....

The State Of Madhya Pradesh Vs. Somdutt Sharma

Court : Supreme Court of India

..... the purposes of this chapter,- (a) "industrial establishment" means 1 (2013)16 scc165 (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 (i) 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 labour court as well the learned single judge and the learned division bench of the high court have not adverted to the question whether the irrigation department of the first appellant is an industrial establishment within the meaning of ..... in the writ petition, the challenge was to the award made by the labour court at gwalior by which appellants were directed to reinstate the respondent in rajghat canal project of the irrigation department of the first ..... is, therefore, necessary to consider the definition of factory under clause (m) of section 2 of the factories act, which reads thus:- (m) factory means any premises including the precincts thereof - (i) whereon ten 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 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 ..... the labour court held that chapter vb of the industrial disputes act, 1947 (for short id act ) .....

Commissioner of Income Tax Vs. Mahendra Mills

Court : Supreme Court of India

Reported in : (2000)159CTR(SC)381; [2000]243ITR56(SC); JT2000(3)SC405; 2000(2)SCALE384; (2000)3SCC615; [2000]2SCR465

..... we are assuming for the purpose of this argument that the contention of the learned counsel that building includes all structures constructed with a view to provide amenities to workers as defined in the plantation labour act, 1951, as contained in the explanation to section 5(f) of the tamil nadu agricultural income-tax act, is correct. ..... still the petitioner will have to establish with reference to the provisions contained in the income-tax act, the rate of depreciation to which it is entitled, because rule 4(1) of the tamil nadu agricultural income-tax rules, 1955, refers to the rates prescribed in the income-tax act for calculating the rate of depreciation to be arrived at under section 5(f) of the tamil nadu agricultural income-tax act, 1955. ..... high court rejected the contention of the assessee by making the following observations:even if the authorities have loosely referred to the applicability of the provisions of the income-tax act, still we are of the opinion that the petitioner is not entitled to succeed with regard to the facts of this case. ..... on the other question where the assessee in the revised return had withdrawn his claim of depreciation the court said that where the assessee had furnished the particulars regarding the claim of depreciation in the original return the assessee would not be able to withdraw his claim for depreciation as in that case revised return would not be valid within the meaning of section 139(5) of the act. .....