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Abraham Thomas Vs. the Presiding Officer, Labour Court and anr.

Court : Kerala

Reported in : [1996(74)FLR2670]; (1997)ILLJ335Ker

..... she then was) held that the assumption that only plantation coming within the purview of the plantations labour act, 1951 alone will come within the definition of industry is wrong ..... the plantations labour act, 1951 is an act providing welfare of labourers and to regulate the conditions of work in plantation (central act ..... the agricultural workers act, plantations as defined in the plantations labour act, 1951 are ..... is a person who does agricultural operation in relation to agricultural land, i.e land used for a cultivation but does not include any plantation as defined in the plantations labour act. ..... the worker in the plantation is not an agricultural worker under the kerala agri-cultural workers act.in zaverbhai ..... the kerala agricultural workers act excludes plantations as defined under plantations act from ..... the said preliminary issue was decided overruling the objection of the management holding that the subject matter can be adjudicated by the labour court and the government had the competency to refer the matter ..... the industrial disputes act is an act providing for the investigation and settlement of industrial disputes, whereas the kerala agricultural workers act is an act to provide for the welfare of agricultural workers ana regulate the conditions ..... any activity connected with 'agriculture' or 'agricultural operations' affecting 'industrial and labour disputes' of 'welfare of labour' might fall within the ambit of 'industry', if it satisfies the triple test laid down therein.'6. .....

Prabhakar Dev Vs. State of Kerala

Court : Kerala

Reported in : [2009]148CompCas600(Ker); 2007(2)KLJ692; (2008)ILLJ86Ker

..... does the plantations labour act, 1951 (for short 'the act') contemplate (or rule out) the existence of plurality of employers for a plantation? ..... 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 prosecuted. ..... even assuming that to be so; the fact that in respect of plantations the legislature did not want such an arrangement to be made under the plantation labour act and rules reflects and reveals the contra intention of the legislature.15. ..... - the state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.that constitutional philosophy is attempted to be translated into statutory provisions by the plantations labour act and rules.13. ..... the prosecution relates to various acts of omission and commission in the plantation in contravention of the provisions of1 the act and the kerala plantations labour rules, 1959 (for short 'the rules'). .....

Twad Board Employees Union Vs. Twad Board and Others

Court : Chennai

Reported in : (1993)ILLJ410Mad

..... of this sub-clause, 'agricultural operations' 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); or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or (5) khadi or village industries; or (6) any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space; or (7) any domestic ..... service; or (8) any activity, being a profession practiced by an individual or body of individuals, if the number of persons employed by the individual .....

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. .....

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 .....

E.Ranjith Kuruvilla Vs. Inspector of Plantations

Court : Kerala

..... crl.m.c.no.1332 of 2012 is to quash s.t.no.6141 of 2011 before the above said court and the petitioners are prosecuted herein for alleged offences under rules 70(1) and 70(1)(a) of the rules framed under the plantation labour act, 1951. ..... petitioners challenge their arraignment in s.t.no.6140 of 2011 in crl.m.c.no.1338 of 2012, wherein they are prosecuted under rules 76(1)(b) and 76(2)(a) of the rules framed under the plantation labour act, 1951. ..... considering this submission, following directions are issued: learned judicial first class magistrate, alathur shall consider the orders passed by the concerned labour court in these matters and take a decision in accordance with law. ..... learned senior counsel for the petitioners submitted that the dispute pending before the labour court has been settled amicably and it is agreed that all the cases will be withdrawn from the court. ..... therefore, it is submitted that the matter can be disposed by the trial court itself on production of the orders from the labour court. ..... petitioners have raised a contention before the concerned labour court that the defacto complainants are not labourers at all. ..... in crl.m.c.no.1339 of 2012, petitioners challenge the crl.mc no.1331,1332, 1338 & 1339/2012 2 complaint in s.t.no.6143 of 2011 before the learned judicial first class magistrate, alathur prosecuting of them under rules 29(1), 29(2), 29(5) and 30 of the rules framed under the minimum wages act, 1948.3. .....

State of West Bengal and Anr Vs. Lakshmi Kanta Hazra and Anr

Court : Kolkata

..... for the respondents has submitted that the learned single judge has rightly noted the fact that the workers plantations of industrial registered under units the and the factories workers act, 1948 of the and the plantations labour act, 1951 respectively have been discriminated by the addendum dated june 10, 2015 by which tea garden workers who had not crossed sixty years of age on the date of application have been provided differentiation is financial without any relief for reasonable two years.basis since this the eligibility ..... criteria is 58 years of age for receiving financial benefits in respect of workers in other units covered by the ..... (i)the industrial units should be factories and plantations registered under the factories act, 1948 and the plantation labour act, 1951 in west bengal. ..... in industrial units registered under the factories act, 1948 and in the plantations labour act, 1951 working conditions of workers are absolutely different in nature. .....

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. .....

Hayath Khan Vs. the Deputy Labour Commissioner and ors.

Court : Karnataka

Reported in : [2006(108)FLR632]; ILR2005KAR6001; 2006(1)KarLJ365

..... the plantation labour act, 1951 provides that no child who has not completed his twelfth year shall be required or allowed to work in any plantation. ..... section 109 of the merchant shipping act, 1951 prohibits employment of person under fifteen ..... in the light of these judgments and in the light of the laudable object of the child labour prohibition act, let me see as to whether the present order ..... case alleging contravention of section 3 of the child labour (prohibition and regulation) act, 1986 alleging that petitioner has employed child labour called khaza-m-shekh aged about 11 years. ..... the impugned order is questioned by the petitioner on the ground that no compensation could be fixed by the impugned authority and the compensation if at all could be fixed by the jurisdictional magistrate in the light of section 14 and section 16 of the act ..... but recall what the supreme court has stated while deciding the minimum wages act in ministry of labour and rehabilitation ..... the child labour (prohibition and regulation) act 1986 was brought into force with the laudable object of prohibiting child labour ..... specific request to sri subba rao, learned senior counsel to assist the court in the case on hand, in the absence of the child labour being a party to the proceedings. ..... after hearing, i have carefully perused the material on record.international labour organisation has felt that there should be international guidelines by which the employment of children under a certain age could be regulated .....