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Search Results Judgments > Act:Labour Law Court:Rajasthan

Jul 31 2003

State of Rajasthan and Ors. Vs. Richpal Singh and Anr.

  • Decided on : 31-Jul-2003

Court : Rajasthan

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

... :-'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.' (14 ... 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.' (14). Section 3 of the Act of 1964 makes the position clear that in case of workers appointed for doing famine relief works, the provisions of Labour laws ... 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 labour laws do not apply in the case of famine relief works. Hence, the findings of the learned Labour Court that the provisions of ... learned Judge, Labour Court, Bikaner (respondent No. 2) through impugned judgment and award dated 1.4.1997 came to the conclusion that the termination of services of the respondent No. 1 Richpal Singh with effect from 24.9.1981 by the petitioners was invalid and bad in law and thus ... with effect from 24.9.1981 was just and proper or not.On receipt of that reference, the respondent No. 2 Labour Court, Bikaner registered the case being Labour Dispute Reference No. 3/1993 and issued notices to both the parties.Thereafter, the respondent No. I Richpal Singh filed his claim ...

Sep 08 1993

State of Rajasthan and Anr. Vs. Babu Khan

  • Decided on : 08-Sep-1993

Court : Rajasthan

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

... 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 ... 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 ... 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 thereof ... 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. ... with the mandatory provisions of Section 25F of the Act, which is ex facie illegal and void. He claimed that he was subjected to unfair labour practice and prayed that on the principle of 'equal pay for equal work', he is also entitled to be paid in the regular pay scale ...

May 10 1995

Mohammad Ismail Vs. State of Rajasthan and Ors.

  • Decided on : 10-May-1995

Court : Rajasthan

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

... ., famine relief work by the Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act, 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 ... 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 ... 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 ...

Mar 12 1984

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

  • Decided on : 12-Mar-1984

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

... 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 ... 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 the consciousness of the Court and the corpus juris'. Krishna Iyer, J., further observed as under (Para 2):This Court has developed labour law ... of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service', 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great ... 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 ...

Mar 27 1991

Derby Textiles Ltd. Vs. Mahamantri, Derby Textiles Karmachari and Shra ...

  • Decided on : 27-Mar-1991

Court : Rajasthan

Reported in : (1994)IIILLJ528Raj; 1991(1)WLN256; 1991(2)WLN99

... that in a fast developing branch of industrial and labour law, it may not always be of particular importance to rigidly adhere to a precedent, and precedent may need be departed from if the basis of legislation changes. It was, therefore, contended by Shri Mohan Poonamiya that in this particular branch of industrial and labour law, which deals with human relationship between the employer ... claim assistance of another representative of an unrecognised Union. According to him, these decisions have to be ignored in the context of the fast developing concept of the industrial and labour law. These two decisions were considered by their lordships of the Supreme Court in C.L. Subramanian's case (supra), wherein it has been observed that if the Govt. has appointed ... the scope of the ratio decidendi in the earlier case specially in the fast developing branch of labour and industrial law. This is what has been observed by their lordships of the Supreme Court in Punjab Land Development and Reclamation Corporation Ltd, v. Presiding Officer, Labour Court : 1990 (2) LLJ 70 wherein the earlier decision of the Constitution Bench in Hari Prasad's ... and the impugned judgments of the learned Industrial Tribunal and Labour Court, Jodhpur dated 16.6.1989 as also of the learned single Judge dated 4.9.1989 are set aside and the case is remanded back to the learned Industrial Tribunal and Labour Court, Jodhpur for deciding it on merits according to law.41. In the facts and circumstances of this case ...

Nov 08 1990

Dewa Ram Vs. The State of Rajasthan and Ors.

  • Decided on : 08-Nov-1990

Court : Rajasthan

Reported in : 1990(2)WLN254

... the respondents, further, is that in view of Section 3 of the Rajasthan Famine Relief Work Employees (Exemption from Labour Laws) Act, 1964 (Act No. XXI of 1964) the applicability of labour laws to the famine relief works is exempted, therefore, the Act of 1947 is not applicable in the case ... take cognizance of any matter in respect of an employee of the famine relief works under any labour law. Section 3 of the Act, thus, specifically exempts the applicability of any labour laws including the Industrial Disputes Act, to the famine relief Work. Whether the Act is violative of Articles ... to the areas affected by the drought and scanity conditions, famine separations are conducted and if exemption from the labour laws has been given by this Act to the applicability of the labour laws in the famine relief work, then the text of the reasonableness and rationale principle, co-related with ... 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 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 ... of India? The Rajasthan Famine Relief Work Employees (Exemption from Labour Laws) Act, 1964 was enacted with a view to provide exemption to the employees of the famine relief work in the State from the applicability of the labour laws. Section 2(b) of the Act defines 'famine relief work' ...

Aug 29 1997

Rajasthan State Road Transport Corporation Vs. Ramavtar Sharma

  • Decided on : 29-Aug-1997

Court : Rajasthan

Reported in : (1998)ILLJ973Raj; 1997(3)WLC656

... while exercising its supervisory jurisdiction under Article 226 of the Constitution over the orders and quasi Judicial proceeding of an administrative authority-not being a proceeding under the industrial/labour law before an industrial/labour Tribunal culminating in dismissal of the employee, the High Court should ordinarily, in the event of the dismissal being found illegal, simply quash the same and should ... should be with full back wages and with continuity of employment. In the instant case, the respondent-workman never raised an industrial dispute nor invoked the jurisdiction of the Labour Tribunal. He directly moved this Court under Article 226 of the Constitution of India challenging his order of termination and the question of his entitlement to back wages has ... adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity requires interpretation that the interpretation is treated as incidental to the Labour Court's power under Section 33C(2) like that of the Executing Court's power to interpret the decree for the purpose of its execution.' 22. By the mere ... before the dismissal is restored), such peculiar powers can properly be exercised in a case where the impugned adjudication or award has been given by an Industrial Tribunal or Labour Court.' 25. Hence, the direction given by the learned Single Judge with regard to back wagesis also not sustainable. 26. The result of the above discussions is that this ...

Nov 18 1976

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

  • Decided on : 18-Nov-1976

Court : Rajasthan

Reported in : 1976WLN727

... law (emphasis supplied). The argument of Mr Calla is that as Section 3 exempts the applicability of any labour law to the famine relief work provisions of the Act are not attracted because the same are labour law. No doubt the Act is a labour law ... labour law, no such law shall apply nor the same shall be deemed ever to have applied to the famine relief work or the employees thereof in respect of any matter covered by any such law (emphasis supplied). The argument of Mr Calla is that as Section 3 exempts the applicability of any labour law ... labour law. No doubt the Act is a labour law as broadly understood & had there been no contrary indication in the 1964 Act the argument, unfortunate as it may have been to workman's interest may have had some force. But this argument is not supported by reading of the 1981 Act. Section 2(c) of the 1934 Act defines 'labour law ... 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 labour law, no such law shall apply nor the same shall be deemed ever to have applied to the famine relief work or the employees thereof in respect of any matter covered by any such law ...

Feb 26 2009

Suptd. Engineer P.W.D. and Ors. Vs. The Judge, Labour Court and Anr.

  • Decided on : 26-Feb-2009

Court : Rajasthan

Reported in : RLW2009(4)Raj3117

... exempted from the provisions of labour laws.9. Before proceeding further it would be 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 ... 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 law.4. Bar of cognizance of courts.- (1) As from the ... from Labour Laws) Act, 1964 and notification issued on May 1988 whereby the Femine Relief Works has been exempted from the provisions of labour laws.9. Before proceeding further it would be 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 ... relief works under labour law.(2) All proceedings instituted by or on behalf of or for the benefit or any employee of the femine relief works pending in any court under any labour law at the date of commencement of this Act shall be void and dismissed.(3) Any order, decision or award given by any court, under any labour law after the commencement ...

May 10 1995

Mohammed Ismail Vs. The State of Raj. and Ors.

  • Decided on : 10-May-1995

Court : Rajasthan

Reported in : 1995(2)WLN491

... 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. 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 ... 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 there of in respect of any matter covered by any such law.7. Relying on the aforesaid provisions of ... 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 ...

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