Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Page 4 of about 18,081 results (0.246 seconds)

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. .....

Kannan Devan Hills Pvt Limited Vs. Sri. Moorthy

Court : Kerala

..... the petitioner's contention is that though they are obliged to provide certain medical facilities to its employees under the plantations labour act, 1951 [for brevity "the act"] read with the kerala plantations labour rules, 1959 [for brevity "the rules"]; there can be no reimbursement of expenses for medical facilities availed by a plantation worker in a hospital not established under the act or rules. ..... in fact the provision for operation theatre, physiotherapy, labour rooms and so on and so forth, to be provided in a group hospital, by sub-rule (6) of rule 34, would indicate that all types of medical facilities are to be provided to the plantation worker and his family. ..... however, when a worker or his family member is afflicted with an ailment which requires expert treatment, not available in the hospital maintained by the management, necessarily the plantation would have to provide the same free of cost, which takes in reimbursement.8. ..... the authorities under the act went on the premise that a permanent worker of a plantation, when seeking medical treatment outside the premises of the estate, then necessarily the management would have the responsibility to reimburse the expenses incurred for such medical treatment. ..... a conjoint reading of the act and rules would indicate that the management is obliged to provide medical facilities to take care of every medical situation; that befells a plantation worker and his family. .....

The Punjab Agro Industries Corporation Limited Vs. the Presiding Offic ...

Court : Punjab and Haryana

Reported in : (2006)IIILLJ537P& H; (2006)143PLR267

..... in this regard, the labour court has observed as under:chapter v(b) of the industrial disputes act has been made applicable to industrial establishments which has been defined in section 25-l as follows: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 f 1952); oriii) a plantation as defined in clause (f) of section 2 of the plantation labour act, 1951 (69 of 1951). 9. ..... 2, it was held that the management has only paid compensation to the retrenched workmen under section 25-f of the act, according to which the retrenched compensation is to be paid equivalent to 15 days wages for each year completed service along with notice pay equivalent to one month's salary, whereas it was found that the industrial concern of the management is falling under the definition of industrial establishment under section 25-l of the act, thus the management is liable to pay retrenchment compensation according to the provisions of section 25-n of the act. ..... in these cases, on an industrial dispute raised by the respondents-workmen, the government of punjab referred the said dispute to the labour court, ludhiana for its adjudication under section 10(1)(c) of the act. .....

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 .....

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. .....

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 .....

Karimtharuvi Tea Estates Ltd. and Etc. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1999Ker47

..... in this authority, the question for consideration was whether rule'2-b of the kerala plantation labour rules, 1959 was in excess of the rule making power, conferred by section 3-d of the plantation labour act, 1951. ..... rules 2-b and 2-c in chapter iv of the kerata plantation labour rules arc struck down as unconstitutional and unenforceable and beyond the powers conferred under the plantations labour act, 1951.' 11. ..... the fixation of the period of sixty days for filing the application after 26-1-1982 or after the new plantation comes into existence is also an indication that the plantation has to be registered only once. ..... the submission of the learned government pleader before us is that the rules are framed for carrying out the purposes of the act and under clause (q), power was given to the rule making authority in general to make any rule for carrying out the purpose(s) of the act and it is in exercise of that power, sub-rule (9) of rule 21 was inserted by government dated 30-12-1967.8. ..... the submission of the learned government pleader is that clause (q) confers general power to make rules for carrying out the purposes of the act and if purposive interpretation is taken of clause (q), then it could be read only so as to enable the rule making authority to confer power of revision on the state government, otherwise purpose of the act will be defeated. .....

K. Kamalaveni, Minor Moorchika Rep., by Her Mother and Natural Guardia ...

Court : Chennai

Reported in : III(2004)ACC651; 2005ACJ443; (2004)IIILLJ682Mad; (2004)3MLJ468

..... section 15 of the plantations labour act, 1951 obliges every employer to provide and maintain for every worker and his family residing in the plantation necessary housing accommodation. ..... as the conclusion of the learned judges in the above said decision of the division bench is not based on the relevant decision of the apex court on the issue, we are not expected to follow the same especially when the division bench has not even considered the relevant provisions of the act by which alone we can come to a correct conclusion with respect to the liability of the industry which engaged the contractor for the purpose of doing certain work which is different from the regular business. 17. ..... of this court, where the employer was a contractor for the formation of a road, that the deceased was employed as a cooly maistry under him, that the deceased brought four coolies with him and along with them was engaged in breaking stones and that the deceased was being paid a lump sum of money every fortnight and that he was a regular and continuous worker and not a casual labourer, held that the deceased was a 'workman' within the meaning of the act. 23. ..... the question of casual labourer under the act has been subjected to judicial decisions. .....

M. Rajamanickam Vs. the Management of State Farm and the Presiding Off ...

Court : Chennai

Reported in : (2010)ILLJ54Mad

..... the following amendment was noticed as sub-section 2(j)(1), which reads as under:any agricultural operation, except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.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).10. ..... . but, we are not inclined to accept such submission at this appellate stage, as no such argument was advanced either before the labour court or before the learned single judge that one or other workman has not completed 240 days of service in one or other calendar year ..... the ii additional labour court, madras, on hearing the parties and on appreciation of evidence, by common award dated 26.3.1987, having answered the award in favour of the workmen (appellants herein), held that non-employment (retrenchment) of the workmen was in violation of section 25-f of the industrial disputes act.5. ..... agricultural operation do not fall within the purview of section 2(j) and thereby the corporation cannot be termed as an 'industry' as defined under section 2(j) of the industrial disputes act; and in view of the settlement reached under section 12(3) of the industrial disputes act, the workmen cannot raise an industrial dispute.6. .....

General Fibre Dealers Pvt. Ltd. Vs. Assistant Commissioner of Income T ...

Court : Kolkata

Reported in : (1993)47TTJ(Cal)118

..... of the plantations labour act, 1951 appears to be more rigorous that if medical facilities are not provided and maintained the chief inspector may cause to be provided and maintained therein such medical facilities and recover the cost thereof from the defaulting ..... of the plantations labour act, 1951 and ..... 10 of the assam plantation labour act, 1951 and the rules prescribed ..... as per the provisions of the plantations labour act and the rules made thereunder hospitals in tea estates or tea gardens were established, and in the case of the assessee-company the two hospitals ..... order to have ease in discussion we may reproduce the provision of the aforesaid section hereunder :'40a(9) no deduction shall be allowed in respect of any sum paid by the assessee as an employer towards the setting up or formation of, or as contribution, to, any fund, trust, company, aop, boi, society registered under the societies registration act, 1860 (21 of 1960), or other institution for any purpose, except where such sum is so paid, for the purposes and to the extent provided by or under sub-cl. (iv) of ..... (9) of the it act on account of expenses incurred by the assessee-company towards labour and staff welfare by making contributions to two hospitals established and run for labour and staff ..... 1988) 30 ttj (mad) 502, submitted that in a similar situation the contribution made by the assessee to the death relief fund set up under the provisions of the industrial disputes act was allowed as expenditure under s. .....