Judgment Search Results Home > Cases Phrase: the plantations labour act 1951 Page 5 of about 18,081 results (0.285 seconds)

Manager,amakkal Estate Vs. Secretary,peermede Thottam Thozhilali

Court : Kerala

..... the grievance of the petitioner is that the inspector of plantation has no jurisdiction while exercising powers under the plantation labour act, 1951 or under the payment of wages act, 1936 to prohibit collection of any fee from the labourers who have kept cattle ..... from the complaint, ext.p3, which is in malayalam and which was explained to me by the learned counsel for the petitioner as well as learned counsel for the contesting respondent, it reveals that the fee for keeping excess cattle is being collected without any authority of law by the plantation authorities. ..... i do not find any provision which authorizes the plantation authorities to levy fee or damages from the workers. ..... whether the plantation authorities has power to collect fee or not is kept open ..... therefore, after issuing notice to show cause, the inspector of plantation, vide ext.p6 communication, directed the petitioner to discontinue the practice of effecting deduction of levy of cattles from the wages of workers and also to w.p. ..... therefore, the inspector of plantation has not exceeded its jurisdiction in exercising his power prohibiting the petitioner from collecting any fee without any authority of law ..... the inspector of plantations, ..... on a query being made to the learned counsel for the petitioner to show what is the authority of the petitioner to collect such fee or damages from the workers, he submitted that, in pursuance to ext.p2 settlement, it was being ..... what the labourers are permitted is to keep one cow and a .....

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 .....

The Tamil Nadu Labour Welfare Board Rep. by Its Secretary Vs. Council ...

Court : Chennai

Reported in : (2010)ILLJ88Mad

..... under:section 2(d):'establishment', means,-(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (central act lxiii of 1948), or any place which is deemed to be a factory under sub-section (2) of section 85 of that act;(ii) a motor transport undertaking as defined in clause (g) of section 2 of the motor transport workers act, 1961 (central act 27 of 1961);(iii)a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (central act lxix of 1951);(iv) a catering establishment as defined in section 2(1) of the tamil nadu catering establishments act, 1958 (tamil nadu act xiii of 1958) which employs, or on any working day during ..... the preceding twelve months employed, five or more than five persons;(v) an establishment, including a society .....

Hotel Hindusthan International Karmachari Union Vs. Hotel Hindusthan I ...

Court : Kolkata

Reported in : 2008(4)CHN567,[2008(119)FLR545],(2009)ILLJ747Cal

..... explanation to section 25a provides that an '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 (i) of section 2 of the mines act, 1952 or (iii) plantation as defined in clause (f) of section 2 of the plantation labour act, 1951.15. ..... the learned single judge by judgment and order dated april 27, 2004 disposed of the writ petition by observing that the agitating employees should resort to raising industrial dispute by referring the matter to the labour court. ..... section 28a was introduced by west bengal amendment by the trade unions (west bengal amendment) act, 1983 (hereinafter referred to as the 'said act of 1983') vide notification dated november 11, 1992. ..... the concerned trade union being the applicant under section 28a must relate to 'industrial establishment' within the meaning of the explanation to section 25a of the said act of 1947. ..... on a combined reading of the aforesaid provisions if we take the definition of section 2(ka) of the said act of 1947 'hotel' would certainly come within the meaning of 'industrial establishment'. ..... the registrar observed that the appellant did not have the right under section 28a to apply for being recommended as sole bargaining agent under section 28a of the trade union act as the concerned hotel was neither an 'industrial establishment' nor a 'class of industry'. .....

Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...

Court : Madhya Pradesh

Reported in : 2002(1)MPHT179

..... , 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; (7) any domestic ..... 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 purpose 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 ; or (2) hospitals or dispensaries; or (3) educational, scientific, research or training institutions; or (4) institutions owned or managed by organisation wholly or substantially engaged in any charitable .....

Premier Automibles Ltd. Vs. CochIn Labour Union, Represented by Its Ge ...

Court : Kerala

Reported in : [2003(96)FLR774]; (2002)IIILLJ1138Ker

..... section 25-l defines the industrial establishment, for the purpose of the said chapter, as following:(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). ..... on notice from the labour officer in february, 1989 and in october, 1989 the petitioner had made known to the officer about their stand detailing all the relevant circumstances and according to them there was no justification in reopening the issue as in fact it amounted to harassment. ..... as could be seen from the nature of the contest, the main issues were as to whether the dispute was maintainable, whether the demands were stale and about concluded issues, and whether there was justification in the contentions traceable to sections 25-n, 25-h and 25-o of the industrial disputes act.8. mr. ..... in respect of claims under section 25-n and 25-o of the industrial disputes act, the company had taken a stand that the cochin unit which had been closed was not an industrial establishment which come under chapter v-b of the industrial disputes act and therefore there was no merit in the contentions so raised.7. .....

Management of Cholamandalam Software Ltd. Vs. Presiding Officer, I Add ...

Court : Chennai

Reported in : 1995(2)CTC54

..... 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. ..... 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, is ordinarily so carried or; but does not include a mine subject to the operation of mines act, 1952 (35 of 1952), or (a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place); (explanation i : for computing the number of workers for the purpose of this clause all the workers in (different groups and relays) in a day ..... the fact that the petitioner had a factory licence earlier and that the same had been renewed periodically prior to the amendment of the act, cannot have the effect of depriving the petitioner of the benefits of the amended provisions which took effect after the renewal. 20. ..... it was submitted that the labour court misdirected itself regarding the legal status of the petitioner employer which is a company registered under the companies act with a distinct and legal entity. .....

Chandrasekharasharma Vs. C. Krishnaiah Chetty

Court : Karnataka

..... 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 plantation 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 practised by an individual or body of individuals, if the number of persons employed, by the individual .....

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. .....

Narayan Das and Others Vs. State of M.P. and Others

Court : Madhya Pradesh

..... 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 mind 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 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 (1) of clause (a) of section 2] established ..... learned counsel for the petitioner is unable to show that respondent department is either a factory, mine or a plantation as per the said section. ..... to elaborate, it is contended that since petitioner was directed to be reinstated by the labour court, the respondents have adopted the device to terminate him by impugned order. ..... she submits that earlier termination was interferred with by the labour court because section 25f was not complied with. ..... the petitioner's termination order was interferred with by the labour court by award dated 14.2.2012 (annexure p-4). ..... as per the rules made under the id act, the employer is required to prepare seniority list. ..... the petitioner approached the labour court against this termination dated 15.5.2005. .....