Court : Rajasthan
Reported in : 1985(1)WLN137
..... work and shall provide all the facilities and convenience which are required to be provided under the provisions of the contractor labour (regulation and abolition) act, 1979 and the inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 which has already come into force with effect from october 2, 1980 and under which the powers to enforce its ..... interested and affected would have no right to complain of the infraction of public duties and obligation.a.b.s.k. sangh (rly.)'s case air 1981 sc 298 was noticed. the learned judge observed in state bank of bikaner employees asso's case 1982-i llj 413 as follows:keeping ..... most anxious and thoughtful consideration to the rival contentions in this regard. the material part of rule 375 of the rules occurs in chapter xxii of part iv which reads as under:(3) an application by more than one person shall not be entertained except when the relief claimed is founded ..... dated march 2, 1981, may be quashed and the non-petitioners may be directed to restore all the benefits of which the workmen have been deprived by the said order.4. s.b. civil writ petition no. 2353 of 1983 has been filed by alt india loco running staff association, n. rly ..... which were allegedly infringed by law and consequently same cause of action. mr. mridul, learned counsel for the petitioners strongly refuted that rule 375(4) of the rules is applicable to the cases on hand on the ground that it is not a petition on behalf of petitioner by more .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; 2SCR67; 1984(16)LC29(SC)
..... that the lessee/lessees or the contractor/contractors, as the case may be,shall abide by the provisions of mines act, 1952 inter state migrant workmen (regulation of employment and conditions of service) act, 1979 and the rules and regulations framed thereunder and also the provisions of other labour laws both central and state as are applicable to the workmen engaged in the mines, and quarries ..... and other essential amenities in respect of the inter-state migrant workmen, as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35. section 12 imposes certain duties and obligations on contractors which include inter alia the duty to issue to every inter-state migrant workman a pass-book containing various particulars regarding recruitment ..... the meaning of that expression as used in the inter-state migrant workmen act. section 4 provides for registration of every principal employer of an establishment to which the act applies and section 6 enacts that no principal employer of an establishment to which this act applies, shall employ inter-state migrant workmen in the establishment unless a certificate of registration in ..... importance of the questions which arise in such matters, to set forth my own views.53. public interest litigation in its present form constitutes a new chapter in our judicial system. it has acquired a significant degree of importance in the jurisprudence practised by our courts and has evoked a lively, if somewhat .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; 1SCR456; 1982(14)LC657(SC)
..... to ensure that the minimum wage is paid to the workmen by their contractors. this obligation which even otherwise rests on the union of india, the delhi administration and the delhi development authority is additionally re-inforced by section 17 of the inter state migrant workmen (regulation of employment and conditions of service) act 1979 in so far as migrant workmen are concerned. it is obvious, therefore, that the union ..... practice. the constitution makers therefore decided to give teeth to their resolve to obliterate and wipe out this evil practice by enacting constitutional prohibition against it in the chapter on fundamental rights, so that the abolition of such practice may become enforceable and effective as soon as the constitution came into force. this is the reason why ..... a cruel and heartless society for generations. the realisation must come to them that social justice is the signature tune of our constitution and it is their solemn duty under the constitution to enforce the basic human rights of the poor and vulnerable sections of the community and actively help in the realisation of the constitutional goals. ..... :since human rights and fundamental freedoms are indivisible, the full realisation of civil and political rights without the enjoyment of economic, social and cultural rights is impossible.4. of course, the task of restructuring the social and economic order so that the social and economic rights become a meaningful reality for the poor and lowly sections .....Tag this Judgment!
Court : Delhi
Reported in : 139(2007)DLT578
..... acts are applicable to the building and other construction workers yet a need has been felt for a comprehensive central legislation for regulating their safety, health, welfare and other conditions of service.4. the sor explained that welfare boards were proposed to be constituted in every state ..... either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature;(g) 'contractor' means a person who undertakes ..... on the central rules of 1998, the delhi rules contain additional provisions in part v chapter xxx concerning the welfare board for workers, the constitution and administration of the delhi fund ..... enacted by the state providing these basic requirements to the workmen and thus investing their right to live with basic human dignity, with concrete reality and content, the state can certainly be obligated to ensure ..... ]1scr548 , is not helpful here. in that case the challenge was, inter alia, to the validity of the mysore health cess act 1962. the majority struck down the law on the ground that its provisions ..... activities are casual migrant labour; that the machinery in place for reaching the benefits of the cess collected to the workers is non-existent and that thereforee, the cess act is unworkable. ..... state of punjab : 3scr1217 (paras 7, 8 and 23), om prakash aggarwal v. girl raj kishori : 164itr376(sc) and state of uttar pradesh v. vam organic chemicals limited : air2003sc4650 . (c) the cess act .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1984Guj102; (1983)2GLR1529
..... ) (1) 24 guj lr 788. this courtwas dealing in that case with the violation of inter-state migrant workinen (regula'ion of employment and conditions of set-vice) act,. 1979. we are tempted to repeat what chief justice thakkar (as he then was) said in that ..... . that obliges the principal employer to ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to the workmen. more than that it says 'it shall be the duty of the contractor to ensure ..... government pleader so that the government may see to the appropriate enforcement of the provisions of the contract labour (regulation and abolition) act, 1970, by the authorities functioning in the labour wing of the government.26. we thank all concerned in ..... factory. consequent on this, the factory could not depend upon its regular workers alone and had necessarily to requisition the services of outside labour. that was how a contract for temporary period is said to have, come into being. to ..... cases where there has been serious non-compliance with the provisions of the act. the commissioner shall also see to follow up action based on such reports.(4) in order to gear up the inspection machinery, it is necessary that ..... employer and the contractor. this provision is incorporated in chapter vii evidently to indicate the relation between maintenance of the registers and the duties of the inspecting staff. section 32 gives protection to the officers for action taken under this act. this should .....Tag this Judgment!
Court : Mumbai
Reported in : 1995(4)BomCR288; (1996)IILLJ959Bom; 1995(2)MhLj836
..... duties with effect from 27th of april, 1987 after executing the requisite undertakings. what remained are the minority workers numbering 27, who owe their allegiance to the appellant union which, it is common ground is not a recognised union. as far as the rights and obligations of the recognised unions and other unions are concerned, the same are dealt with in chapter iv ..... service conditions of the workmen, the nature of demands of the workmen, the cause which led to the strike, the urgency of the cause or the demands of the workmen, the reason for the resorting to the dispute resolving machinery provided by the act or the contract of employment or the service rules and regulations ..... examined. in the affidavit, which is treated as examination-in-chief, he has inter alia stated, as under : '... i say that further workers engaged themselves in violent activities, gherao, act of intimidation, abuses threatening to the managerial persons. i say that the management ..... the 'go-slow tactics' and acts of assaults and violence alleged to have been indulged in by the workmen from january, 1979 even as prelude to the commencement of their illegal strike on 13-3-1979 and continued even during the period of ..... act no. 1 of 1972, the reason being that some other employee or employees not appearing in the proceeding can upon adjudication of the complaint be adversely affected. - item 2 deals with the abolition of work of regular nature being done by the employees and to give such work to contractors .....Tag this Judgment!