Judgment Search Results Home > Cases Phrase: the pondicherry settlement act 1970 Court: jharkhand Page 1 of about 70 results (0.084 seconds)

Damodar Valley Corporation Vs. Union of India and Ors

Court : Jharkhand

..... srijit choudhary, the learned counsel appearing for the petitioner refers to the tripartite agreement dated 17.04.2007 and submits that a settlement has been signed between the representatives of the management and the workers and it is evidenced by the labour commissioner, jharkhand and thus, the parties are bound by the terms of the settlement dated 4 17.04.2007. ..... referring to clause 1 in the said settlement, the learned counsel for the petitioner submits that the basic wage of the workmen has been fixed at rs. ..... it is further submitted that merely because in the settlement dated 17.04.2007 amongst different heads one head is basic wage, it would not exclude other emoluments paid to the workmen which are earned by an employee while on duty or on leave or on holiday. 5 8. ..... as against the above, the learned counsel appearing for the respondents submits that the special allowances, revised ad hoc payment and the annual increment are ordinarily paid to all the employees in the same category and thus, form part of "basic wage" as defined under section 2(b) of the epf and mp act, 1952. ..... 1129, in the regional commissioner, employees provident fund, tamil nadu and pondicherry vs. .....

Employers in Relation to the Management of Sudamdih Colliery of Bharat ...

Court : Jharkhand

Reported in : 2007(1)BLJR850; [2007(2)JCR302(Jhr)]

..... the job of sump cleaning was in fact loading and unloading of slack/dust coal in underground mine which was prohibited category of job as declared by the appropriate government by notification issued under section 10(1) of the contract labour (regulation and abolition) act, 1970. ..... it is said that the contractor workers were stopped from work on 09/07/1977, and the discussions were held which ultimately ended in an agreement/ settlement in the form of record note of discussions being exhibit m-3 dated 13/10/1978 and exhibit m-4 dated 10/04/1980. ..... so far as the question with regard to settlement being sham and camouflage is concerned, the supreme court in the case of 'municipal corporation of greater mumbai v. k.v. ..... i further, find that the tribunal has failed to take into consideration that there was an agreement or settlement with the united coal workers union on 10/04/1980 by which the 16 persons were found eligible vide ext. ..... it is submitted that there was no settlements between the management and the union. ..... secondly, purported settlement and thirdly, delay in raising the dispute. ..... the record notice of discussions-cannot be termed as settlement. ..... similar is the position regarding purported settlement. .....

Indian Iron and Steel Company Ltd. and anr. Vs. Rashtriya Koila Mazdoo ...

Court : Jharkhand

Reported in : 2003(2)BLJR1152; [2003(3)JCR401(Jhr)]; (2003)IIILLJ531Jhar

..... benefits as being enjoyed by regular employees of iisco, it is clearly settled by various reports agreements and settlement arrived at from time to time and the notification issued under section 10 of the contract labour (regulation & abolition) act, 1970, that the transportation and removal of coal loading and unloading thereof in strictly prohibited to be done by the contract labour in the colliery, washery, or any other process connected therewith but the management is carrying out this nature of job, through contract labourers.coal loading and unloading ..... , inter alia was, prohibited under the contract labour by notifications dated 1-2-1975 issued under the contract labour (regulation & abolition) act, 1970 (hereinafter referred to as clra .....

Chetna Mazdoor Sangh and ors. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2004(101)FLR786]; [2004(1)JCR498(Jhr)]; (2004)IILLJ1137Jhar

..... their further case is that the central government exercising its power under section 10 of the contract labour (regulation and abolition) act, 1970 (hereinafter to be referred to as 'the act') and on the recommendation of the central advisory board issued a notification prohibiting employment of contract labour on and from 9.12.1976 for sweeping, cleaning, dusting and watching of the building owned and occupied by the establishments in respect of which the appropriate government under the act is the central government. ..... their lordships have categorically held that neither section 10 of the act nor any other provision in the said act, expressly or by necessary implication, provides for automatic absorption of contract labour on issuing notification by the appropriate government, prohibiting employment of contract labour, in any process, operation or other work in any establishment.5. ..... in this writ application filed by the petitioners, a writ of mandamus has been sought commanding upon the respondents to issue a notification abolishing contract labour in respect of all categories of employment that are perennial in nature and which have been specifically identified by the deputy labour commissioner and further for a direction declaring that the settlement dated 30.7.1975, 19.6.1979 and 18.5.1995 are binding upon the respondents.2. .....

Employers in Relation to the Management of Flaritand Colliery of Bccl ...

Court : Jharkhand

Reported in : 2002(50)BLJR1351; [2002(94)FLR644]; (2002)IIILLJ175Jhar

..... been submitted that the workmen were discharging the work of stone cutter which is under prohibited category of job as per 10(1) of the clra act and the contractor has been interposed which is mere ruse/camouflage to evade compliance with various beneficial legislations so as to derive the workers of the benefit thereunder and in such a situation the concerned workmen will have to be treated as the employees of the appellant and there is no illegality in the judgment of the learned single judge of this court directing the appellant to regularise the service of the concerned workmen ..... in this view of the matter it is for consideration as to whether to set aside that part of the judgment in toto and restrict the reinstatement prospective or by way of one time settlement direct that the wages be paid to the workmen in one lump sum, say rs. ..... 50,000/- each as consolidated lump sum backwages by way of an one-time settlement payment to all the '70' workmen. ..... 1970 (in short 'clra act') which provides for automatic absorption of contract labour on issuing a notification by the appropriate government under sub-section 1 of section 10. i.d. .....

Tata Iron and Steel Co. Ltd. Vs. the State of Bihar,

Court : Jharkhand

Reported in : [2008(1)JCR281(Jhr)]

..... the contention of the other side that the impugned demand is a public demand on the basis of the reliance of article 7 of schedule i and the definition of rent is wholly misconceived as we are not concerned with the definition of the same since the demand in the instant case has neither been made on the basis of the rent defined under the chhotanagpur tenancy act nor on the basis of reliance on article 7 of schedule i, but on the basis of the contractual rate of interest as agreed upon by both the parties as mentioned in clause (xii) of the lease agreement.45. ..... acquired for an industrial undertaking under the land acquisition act, 1894 (act 1 of 1894) has been leased out by the industrial undertaking before the 22nd june, 1970 to another industrial undertaking for establishment of a new industry or its expansion or to any individual or society or association for residential, commercial or for such other purpose, the whole of such land, buildings or structures covered by such lease shall with effect from the commencement of this act, be deemed to be leased to the industrial undertaking for such period as may ..... provides that the state government shall have the right to revise the fixed jama for such settlements after every three years. .....

Ram Chandra Singh and anr. with Hcl Srivastava and anr. Vs. State of B ...

Court : Jharkhand

Reported in : [2002(94)FLR1153]; (2002)IIILLJ1069Jhar

..... the said provision fell for consideration before a division bench of patna high court in the case of mukund ram tanti (supra), wherein, the court held : 'that on being informed about the election of the new office bearers, the registrar is within his right to ascertain whether they were legally elected so as to be recorded in the register maintained for the purpose and to be ground for compliance of the provisions of the act. ..... in other words, the registrar has full jurisdiction to enquire about the legality of the new election for the purpose of maintaining a proper register showing the names of the office bearers who may be at the relevant time required to comply with the provisions of the act or to be dealt with in accordance therewith. ..... 120 of 1990 is concerned, it was decided vide judgment and decree dated 1st march, 1995 by the learned additional munsif, chas, and the alleged election held on 24th august, 1990 as well as the letter of registrar, trade union bihar, dated 15th september, 1990 were declared illegal, invalid and inoperative. ..... in this particular case the order of the registrar clearly shows that the election of the new office bearers was not accepted by him to be legal only for the purpose of maintenance of records in his office to facilitate the administration under the act.' 15. ..... a tripartite settlement was also signed on 23rd august. .....

Manki Mali and anr. Vs. Radhika Devi and ors.

Court : Jharkhand

Reported in : [2004(3)JCR662(Jhr)]

..... also not taken oath in this case and no explanation has been given for non- examination of bhagan mahto as well as for non-production of the hukumnama and in his view of the matter the plaintiff has failed to prove the alleged settlement of the suit land in favour of defendant no 8 bhagan mahto and the plaintiff has not acquired any right, title and interest in the suit property by virtue of the sale deed dated 4.4.1956 and the plaintiff was also not in possession over ..... 8 bhagan mahto and the said document is 30 years old and since the requirement under section 90 of the evidence act having been fulfilled the learned appellate court below has rightly admitted the said document into evidence and there is no illegality in respect thereof and in this view of the matter the substantial question of law as formulated at the time of the admission of this appeal pales into insignificance. ..... 71 of 1968/11 of 1970 before the appellate court below and the said appeal was allowed setting aside the impugned judgment and decree of the trial court and the suit was remanded for a fresh decision in accordance with law for consideration afresh of both the documentary and oral evidence. ..... 56 of 1970 which was allowed by the appellate court below setting aside the judgment of the trial court and the defendant preferred an appeal before this court and his appeal was allowed and the judgment of the appellate court was set aside and the appeal was remanded. .....

Rama Devi, Wife of Late Bishwanath Prasad Choudhary and ors. Vs. State ...

Court : Jharkhand

Reported in : [2004(4)JCR268(Jhr)]

..... thereafter, the deputy collector, land reforms, gumla issued a letter dated 3.1.1970 by which he returned the file to the circle officer whereafter on 15.12.1970, vide annexure-4, he once again recommended the settlement of the land in question in favour of bishwanath prasad choudhary mentioning therein specifically that he had converted the land into 'korkar' and as such there was no possibility of settlement of that land in favour of any other person. ..... under section 13 of the bihar public land encroachment act, any order passed under that act may be reviewed by the officer who made the order or by his successor-in-office on account of any mistake or error in course of any proceeding under that act. ..... thus, what the petitioners contend is that their predecessor-in-interest namely bishwanath prasad choudhary (the original petitioner) converted this land into 'korkar' as provided under the provisions of the chotanagpur tenancy act, 1908.4. ..... it was heard at length and under the provisions of section 13 of the bihar public land encroachment act, 1956 the order dated 12.12.1997 was set aside. ..... according to the petitioners the act of converting this land into a cultivable area was made after obtaining oral permission of the then landlord maharaja pratap uday nath shahdeo. ..... thus, section 13 of the bihar public land encroachment act was correctly invoked and as a consequence thereof, the order dated 27.10.1999 (annexure-8) was passed. .....

Tata Iron and Steel Co. Ltd. and anr. Vs. State of Bihar and ors.

Court : Jharkhand

Reported in : [2004(4)JCR210(Jhr)]

..... taking into consideration the aforementioned provisions of the ordinance read with the provisions of the chotanagpur tenancy act, 1908 as well as the provisions of sections 7(d) and 7(e) of the bihar land reforms act plus considering the recitals of both the registered agreement as well as the deed of lease, this court has no hesitation in upholding the contention of the learned counsel for the petitioners to the effect that the petitioner company not being tenants nor the lands being used for agricultural purposes, the provisions of the ordinance cannot be applied upon them nor can they ..... out by it to another industrial undertaking for its expansion by establishing new industry or to an individual, to be deemed as leased with it by state government on same terms--(1) if any portion out of the land acquired for an industrial undertaking under the land acquisition act, 1894 (act 1 of 1894) has been leased out by the industrial undertaking before the 22nd june, 1970 to another industrial undertaking for establishment of a new industry or its expansion or to any individual or society or association for residential, commercial or for such other purpose ..... these are words which are also used in the chotanagpur tenancy act, 1908 which is an act to amend and consolidate certain enactments relating to the law of landlord and tenant and settlement of rents in chotanagpur. .....