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Judgment Search Results Home > Search Phrase: labour law Court: rajasthan Page 1 of about 3,842 results (0.013 seconds)

Jul 31 2003 (HC)

State of Rajasthan and ors. Vs. Richpal Singh and anr.

Court : Rajasthan

Reported in : RLW2004(1)Raj203; 2003(4)WLC528

..... of the respondent no. 1 or not.(13). section 3 of the act of 1964 reads as follows:-'3. labour laws not to apply to famine relief works etc.- notwithstanding anything contained in any labour law no such law shall apply nor the same shall be deemed ever to have applied, to the famine relief works or the employees ..... position clear that in case of workers appointed for doing famine relief works, the provisions of labour laws would not be applicable and in the schedule appended to the act of 1964 at serial no, 3 the act of 1947 is there and therefore ..... labour laws do not apply in the case of famine relief works. hence, the findings of the learned labour court that the provisions of the act of 1947 are applicable to the present case are wholly erroneous and illegal one ..... provisions of the act of 1947 are not applicable and their case is governed by the provisions of rajasthan famine relief works employees (exemption from labour laws) act, 1964 (hereinafter referred to as 'the act of 1964') and section 3 of the act or 1964 provides that ..... thereof in respect of any matter covered by any such law.' (14). section 3 of the act of 1964 makes the .....

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Sep 08 1993 (HC)

State of Rajasthan and anr. Vs. Babu Khan

Court : Rajasthan

Reported in : (1994)IILLJ457Raj; 1994(1)WLC371

..... said case, those petitioners were not employed against the famine relief work. the p.w.d. and the panchayat samiti have not been exempted from the labour laws under the act of 1964. therefore, these cases have no relevance to decide the controversy in question.15. the apex court in delhi development horticulture employees ..... works came to an end, his services automatically stood terminated. he has contended that as per provisions of the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (in short 'the act of 1964'), the provisions of the act of 1947 do not apply to famine relief works or the employees ..... the state govt. to provide relief to persons affected by drought and scarcity conditions. as per section 2(c), 'labour law' means any of the enactments as in force in rajasthan, relating to labour and specified in the schedule. section 3 of the act of 1964 lays down that notwithstanding anything contained in any ..... labour law, no such law shall apply nor the same shall be deemed ever to have applied, to the famine relief works or the employees thereof ..... 1987 till december 1988 under the employment of the state govt. and that while interpreting the provisions of industrial laws, the benefit of reasonable doubt in law and fact, must go to the weaker section i.e. labour. for this, he has relied on the case of workmen of williamson magor and co. ltd v. .....

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May 10 1995 (HC)

Mohammad Ismail Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : (1997)IIILLJ349Raj; 1996(1)WLC202

..... case, since the applicability of the act is excluded in the case of the employee engaged on the famine relief work by the rajasthan famine relief works employees (exemption from labour laws) act, 1964 as referred to above. since the provisions of the act are inapplicable to the petitioner the question of petitioner being considered as a workman falling within the definition ..... , 1964 (hereinafter referred to as 'the act of 1964'). section 3 of the said act reads as under:'3. labour laws not to apply to famine relief works etc:- notwithstanding anything contained in any labour law no such law shall apply nor the same shall be deemed ever to have applied to the famine relief works or the employees thereof in respect of any matter ..... covered by any such law'. 7. relying on the aforesaid provisions of the act, 1964, it was contended at the bar .....

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Mar 12 1984 (HC)

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

..... exercising its supervisory jurisdiction under article 226 of the constitution, over the orders and quasi-judicial proceeding of an administrative authority -- not being proceeding under the industrial/labour law before an industrial labour tribunal culminating in dismissal of the employee, the high court should ordinarily, in tne event of dismissal being found illegal, simply quash the same and should not further ..... the consciousness of the court and the corpus juris'. krishna iyer, j., further observed as under (para 2):this court has developed labour law on this broad basis and what this court has declared holds good for the country. we must first fix the founding faith in this juristic branch before unravelling the ..... government. the corporation has framed the regulations and those regulations governed the service conditions apart from the standing orders and other various provisions of the industrial disputes act and labour welfare laws as,' undoubtedly and undisputedly, all the petitioners are workmen and, the corporation is an industry, so far as the specific domain and arena of services of the ..... it.6. according to krishna iyer, j., in gujarat steel tubes ltd. v. its mazdoor sabha 1980-l.l.j. 137 'the jurat resolution of labour disputes must be sought in the law-life complex, beyond the factual blinkers, of decided cases, beneath the lexical littleness of statutory texts, in the economic basics of industrial justice which must enliven .....

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Nov 08 1990 (HC)

Dewa Ram Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1990(2)WLN254

..... schedule, the industry disputes act, 1947, has been included at serial number 3. section 3 provides that notwithstanding anything contained in any labour law, no such law shall be deemed to be applied to the famine relief work or to the employees working there under, in respect of any matter covered by ..... the service conations; rather no condition for service has been laid down and if, therefore, the exemption has been given for the applicability of the labour laws in the famine relief work employees, then, in our view, it cannot be said to be an arbitrary or irrational. while deciding: whether the ..... by the state government to provide relief to the persons affected by the drought and scarcity conditions. clause 2(c) provides the definition of 'labour laws' which means any of the enactment as article force in the state of rajasthan relating to the one specified in the schedule and in the ..... been enacted with an object to provide an exemption to the employees of the famine relief work in the state from the applicability of the labour law because the famine relief work is a temporary work, which has to be under taken by the state government under special circumstances to give ..... with full back wages. it has, further, been contended by the learned counsel for the petitioner that the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (hereinafter referred to as 'the act, 1964') is violative of articles 14,16 and 21 of the constitution of india, as it .....

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Nov 18 1976 (HC)

The Executive Engineer, P.W.D. National High Way Division and ors. Vs. ...

Court : Rajasthan

Reported in : 1976WLN727

..... the scope of definition of section 2(c). before the appellant can take advantage of section 3 it had to be shown that the labour law which the claimant invokes is covered within the schedule. it is nobody's case that the workmen compensation act is covered in the schedule. as the claim was under the ..... the schedule. an argument had been raised in the lower court which was also pressed before me that the definition in section 2(c) of 1964 act includes all the labour laws which are in force in rajasthan in addition to the specific acts mentioned in the schedule. and thus the applicability of the act is excluded the argument is misconceived. the ..... definition of labour law only encompassess those enactments which are in force in rajasthan relating to the labour and specified in 'he schedule. this obviously means that the enactments in force in rajasthan but not specified in the schedule are outside ..... 's compensation act is not applicable to the famine relief workthe argument by mr. calla for the appellants is supported by evoking the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (hereinafter to be called the '1964 act'). reference is placed on section 3 which says that not with standing anything contained in any .....

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Feb 26 2009 (HC)

Suptd. Engineer P.W.D. and ors. Vs. the Judge, Labour Court and anr.

Court : Rajasthan

Reported in : RLW2009(4)Raj3117

..... section 25j of the industrial disputes act, would not prevail.in .... v. state of rajasthan air 1983 sc 32, the provisions of the rajasthan famine relief works employees (exemption form labour laws) act, 1964 came to be reviewed by their lordships. the act also lays...down....will not be applicable to the famine relief works. their lordships held that the provisions of ..... -off and retrenchment shall be determined in accordance with the provisions of this chapter.)the famine relief act no doubt lays down that the industrial disputes act which is a labour law shall not apply to the famine relief works. but the bar contained in section 3 of the famine relief act has no legal standing in view of the over-riding ..... is exempted from the provisions of industrial disputes act, 1947 on account of framing of the enactment of the state called as the rajasthan femine relief works employees (exemption from labour laws) act, 1964 (for short act of 1964) as well as notification issued in may 1988 before terminating the services of the respondent no. 2.5. counsel for the petitioners-state ..... relevant to refer the section 3 of the act of 1964 which is as follows:the rajasthan femine relife works employees (exemption from labour laws) act, 1964.1. ....2. ....3. labour laws not to apply femine relief works etc.,notwithstanding anything contained in any - labour law, no such law shall apply nor the same shall be deemed ever to have applied any matter covered by any such .....

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May 10 1995 (HC)

Mohammed Ismail Vs. the State of Raj. and ors.

Court : Rajasthan

Reported in : 1995(2)WLN491

..... case, since the applicability of the act is excluded in the case of the employee engaged on the famine relief work by the rajasthan famine relief works employees (exemption from labour laws) act, 1964 as referred to above. since the provisions of the act are inapplicable to the petitioner the question of petitioner being considered as a workman falling within the definition ..... . labour laws not to apply to famine relief works etc.:notwithstanding anything contained in any labour law no such law shall apply nor the same shall be deemed ever to have applied to the famine relief works or the employees there of in respect ..... act is excluded in the case of the employees who are engaged on a particular project, i.e., famine relief work by the rajasthan famine relief works employees (exemption from labour laws) act, 1964 (here in after referred to as 'the act of 1964'). section 3 of the said act reads as under:3 ..... of any matter covered by any such law.7. relying on the aforesaid provisions of the act, 1964, it was contended at the .....

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Nov 02 1989 (HC)

Nagar Vikas Pradhikaran Kamgar Sangh Vs. Jaipur Vikas Pradhikaran

Court : Rajasthan

Reported in : (1991)IILLJ538Raj; 1990(1)WLN176

..... trade union files a suit for the benefit of its members, for the protection of its own rights and for the enforcement of its duty cast under the labour laws and so, it cannot be said a representative suit in an ordinary manner though it may have the representative character. thus, i am of the view that ..... jurisdiction to try suits of the civil nature, may be relating to the labour dispute unless specifically prohibited under the various industrial laws. thus, i am of the view that the trade union is a legal distinct entity and a suit can be filed by the trade ..... can be instituted against the union by its member against the expulsion.6. trade union activity is a basic and fundamental right of the labour for the achievement of the object of social democracy. we will have to interpret the beneficial legislation which has been enacted in favour of the ..... achieve the rights of the labour has been recognised by the courts of law. in matters relating to the labour dispute, may be a 'civil right' and may fall within the purview of section 9 c.p.c. thus, the civil courts have the ..... the requirement of verification, deposition and signing etc.7. if any law does not prohibit directly or by implication the institution of the suit by a trade union, then the law should be interpreted in a way which will serve the cause of the labour. collective bargaining is a civil right and even going on strike to .....

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Oct 31 1985 (HC)

Chetan Singh Vs. Ganesh Lal

Court : Rajasthan

Reported in : 1985WLN(UC)472

..... workman. the act does not contemplate any preferential right amongst dependents to maintain in the claim application. in new india assurance company ltd. v. nensingh and ors. 1984 (vol. 1) labour law journal 186, a learned single judge of the madhya pradesh high court, dealing with a like situation, observed as under:however the definition of 'dependent' under section 2 of the ..... section 3(1) has been taken from the english act of 1897. on page 97 of commentaries on workmen's compensation act, 1923 by k.d. srivastava (1984 edition), the law on this expression, after noticing various english and indian decisions, has been summed up as under:it may be significant to note that the section, uses the word 'employment' and .....

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