Skip to content


Judgment Search Results Home > Cases Phrase: inter state migrant workmen regulation of and conditions of service act 1979 section 8 licensing of contractors Page 1 of about 8 results (0.038 seconds)

Mar 02 1983 (SC)

Labourers Working on Salal Hydro Project Vs. State of Jammu and Kashmi ...

Court : Supreme Court of India

Reported in : AIR1984SC177; [1984(49)FLR30]; 1983LabIC502; (1983)ILLJ494SC; 1983(1)SCALE216; (1983)2SCC181; [1983]2SCR473

..... -contractors who are euphemistically described as 'piece wagers'.3. the question raised in this writ petition is whether the workmen employed in the project work are ensured the rights and benefits provided to them under various labour laws such as contract labour (regulation and abolition) act, 1956, the minimum wages act, 1948 and the inter state migrant workmen (regulation of employment and conditions of service) act, 1979. so far as the inter state migrant workmen (regulation of employment and conditions ..... taken for securing implementation of the provisions of the inter state migrant workmen act at the project site, whether the executive engineers of the central government or the national hydro electric power corporation have been registered as principal employers under section 4 and the contractors, sub-contractors or 'piece wagers', khatedars and sardars have been licensed under section 8, whether the contractors and sub-contractors or piece wagers are carrying out the obligations ..... imposed upon them under section 12 and whether wages and allowances stipulated in sections 13, 14 and 15 and other facilities provided in section 16 are being made available to the inter state migrant workmen employed in the project work.5. that takes us to the question whether the provisions of the minimum wages act .....

Tag this Judgment!

Dec 16 1983 (SC)

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)

..... 10 in form n providing 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 relating to the provisions ..... establishment in any state, persons from another state excent under and in accordance with a licence issued in that behalf by the licensing officer appointed by the appropriate government having jurisdiction in relation to the area wherein the establishment is situated. sub-section (2) of section 8 declares that a licence under sub-section (1) may contain such conditions including, in particular, the terms and conditions of the agreement ..... or other arrangement under which the workmen .....

Tag this Judgment!

Sep 18 1982 (SC)

People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)

..... in regard to the inter state migrant workmen (regulation of employment and conditions of service) act 1979. in the case of this act also, sections 17 and 18 make the principal employer liable to make payment of the wages to the migrant workmen employed by the contractor as also to pay the allowances provided under sections 14 and 15 and to provide the facilities specified in section 16 to such migrant workmen, in case the contractor fails to do ..... that the workers did not get the minimum wage of rs. 9.25 per day and there was violation of the provisions of the minimum wages act, 1948.8. so far as the employment of children act 1938 is concerned the case of the union of india, the delhi administration and the delhi development authority was that no complaint in regard to the ..... was so on account of the restricted definition of these words given in article 2 of the convention. article 4 of the european convention of human rights and article 8 of the inter-national covenant on civil and political rights also prohibit forced or compulsory labour. article 23 is in the same strain and it enacts a prohibition against forced labour in ..... minimum wage was paid to the jamadars through whom the workers were recruited and the jamadars deducted rupee one per day per worker as their commission and paid only rs. 8.25 by way of wage to the workers. the result was that in fact the workers did not get the minimum wage of rs. 9.25 per day. the petitioners .....

Tag this Judgment!

May 27 1997 (HC)

Mahabubnagar District Palamoori Contract Labour Union Vs. M/S. Nagarju ...

Court : Karnataka

Reported in : ILR1998KAR1160; 1998(1)KarLJ639

..... laws to provide these workers with food'.as regards the enforcement of inter-state migrant workmen (regulation of employment and conditions of service) act, 1979, it is stated as hereunder:'thus it will be observed that a workman recruited by a contractor in one state and employed in another state will only be a inter-state migrant workmen, but it is very clear from the commissioner's report dated ..... if, as a matter of fact, a company employs inter-state migrant workers contrary to the requirement of law, does the 4th respondent mean to say that it is absolved of all its duties under the act? the 4th respondent is overlooking section 6 and section 25 of the act. these laws are not enacted as a mere decorative ..... 8 lakh people migrate to other states in search of employment, that these workers are called 'palamoori labourers', that 200 such workers are engaged by m/s. nagarjuna constructions limited, the 1st respondent herein, to 'work at npcl site, mallapur village, karwar, that these workers are not registered as inter-state migrant workmen under the inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 (hereinafter referred to as the 'inter-state workmen act ..... of muster rolls are carried out by these officials;7. they should also interact with the workers whenever feasible and ascertain whether they have any grievances;8. the authorities should check whether the minimum wages are paid to all the workers and if not ensure that it is so paid;9. the .....

Tag this Judgment!

Oct 15 2012 (SC)

Public Union for Civil Liberties. Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

..... while interpreting the provision of the bonded labour system (abolition) act, 1976, (for short 'the bls (a) act) in the light of the constitutional provision like article 23, the minimum wages act 1948, contract labour (regulation and abolition) act 1970, inter-state migrant workmen (regulation of employment and conditions of service) act 1979, the mines act 1952 gave various directions including the setting up of vigilance committees, ..... sections 10, 11 and 12 of the act and we expect them to discharge their functions with due diligence, with empathy and sensitivity, taking note of the fact that the act is a welfare legislation.8) the district magistrate and the state government / uts would see that the minimum wages act, the workmen compensation act, the inter- state migrant workmen act, child labour (prohibition and regulation) act ..... the age of 14 without adequate monetary compensation by paying wages below the minimum wage rate, as prescribed under the minimum wages act.(9) to initiate criminal prosecution against those employers, contractors or their agents who make part payment of wages by way of khesri dal which is known to cause permanent disability ..... bonded labourers and their families as part of a rehabilitation package.(7) to ensure(a) regular inspection by the labour commissioner concerned to keep the contractors who have in the past employed bonded labourers under watch,(b) setting up of vigilance committees in each district,(c) the district magistrates concerned to .....

Tag this Judgment!

Aug 21 2002 (HC)

Dhanurjaya Putel and anr. Vs. State of Orissa

Court : Orissa

Reported in : 2002(II)OLR412

..... 1998 of the court of j, m. f. c., kantabanji. in that case learned magistrate took cognizance of the offence under section 367, i.p.c. read with section 25 of the inter-state migrant workmen (regulation of employment and condition of services) act, 1979 (in short 'the act 1979'). petitioners moved an application in the court below to recall that order of cognizance on the ground of absence of prima, facie ..... case. that application having been rejected by learned j.m.f.c. as per the impugned order dated 21.3.2001 petitioners have moved this application under section 482, ..... . also refer to such terms besides section 367, a good ..... mere abduction is not punishable under section 367, i.p.c., but the act of abduction with the purpose and intention to do slavery (in the present context) is punishable under section 367, i.p.c.8. it is the admitted position that indian penal code does not define the term 'slave' or 'slavery'. as noted above, sections 370 and 371, i.p.c .....

Tag this Judgment!

Apr 25 1984 (SC)

Labourers Working on Salal Hydro-electric Project Vs. State of Jammu a ...

Court : Supreme Court of India

Reported in : 1984(1)SCALE680; (1984)3SCC538

..... out that the final report of the iabout commissioner, jammu showed that the provisions of the inter-state migrant workmen (regulation of employment and conditions of service) act 1979 (hereinafter referred to as inter-state migrant workmen act) were not being implemented at all and the workmen were denied many of the benefits and advantages provided under that act even though it had come into force on 2nd october 1980 and the rules made under that ..... registration as principal employers under the inter-state migrant workmen act and so far as the contractors were concerned, they held licence under section 12 sub-section (1) of (he contract labour act, and had also applied for licence under section 8 of the inter-state migrant workmen act but since the sub- '. contractors or piece wagers were without any licence under section 12 sub-section (1) of the contract labour act and section 8 of the inter-state migrant workmen act, they were directed to immediately ..... '. now the executive engineers of the national hydro electric power corporation were licensed under the provisions of the contract labour (regulation and abolition) act 1956 (hereinafter referred to as contract labour act) and so were also the contractors to whom different portions of work had been entrusted for execution. but the sub-contractors or piece wagers to whom different portions of the work had been entrusted .....

Tag this Judgment!

Apr 27 2009 (HC)

Khalid A. Hakim Vs. Assistant Commissioner of Labour, Authority Under ...

Court : Gujarat

Reported in : (2009)3GLR2065

..... .2.4. after having recruited the labourers i.e. the concerned persons in the state of andhra pradesh, the said sub-contractor deployed them at udhana-surat for executing the contract awarded to present petitioner. thus, the provisions under the inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 (hereinafter referred to as '1979 act') gets attracted in present case.2.5. it is claimed that after the contract ..... cognate expressions shall be construed accordingly.4.2. section 8 of the act obliges the contractor to take out licence. the said section reads thus:licensing of contractors : (1) with effect from such date as the appropriate government may, by notification in the official gazette, appoint, no contractor to whom this act applies shall:(a) recruit any person in a state for the purpose of employing him in any establishment ..... section 2, by the licensing officer appointed by the state government who has jurisdiction in relation to the area wherein the establishment is situated.4.3. section 18 of the 1979 act prescribes liability of principal employer in certain cases. the said provisions reads thus:liability of principal employer in certain cases : (1) if any allowance required to be paid under section 14 or section 15 to an inter-state migrant .....

Tag this Judgment!

Nov 12 2009 (HC)

Rajan Kudumbathil Vs. Union of India (Uoi) and ors.

Court : Kerala

..... scheme for making rehabilitation and welfare of such labourers and their family members in accordance with inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 and the rules made there under; ii) issue a writ of mandamus directing the respondents to implement the provisions contained in inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 and the rules; iii) issue a writ of mandamus directing the respondents to ensure that ..... the slum dwellers and the migrant labourers are not attacked/tortured by the local populace and to ensure that sufficient preventive measures are taken ..... which can be drawn up for this purpose in tune with the provisions contained in the 1979 act. iv) respondents shall ensure that the order dated july 12, 2009 which is extracted above, is implemented without any further delay. v) steps shall be taken to constitute the board as provided under the 2008 act.8. with these directions, the writ petition is disposed of. .....

Tag this Judgment!

Aug 13 1991 (SC)

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1992SC38; JT1991(3)SC408; 1991(1)SCALE295; (1991)4SCC174; [1991]3SCR524

..... the inquiry entrusted to him had two phases - the first relating to the inquiry into the implementation of the bonded labour system (abolition) act, inter-state migrant workmen (regulation of employment and conditions of service) act and the contract labour (regulation and abolition) act etc. and the second related to ascertaining the extent of compliance of the directions of this court by the concerned authorities. on 4th ..... central registration of all workers,conferment of the status of small producers by allocating permits directly to them, determining the minimum remuneration, facilitating modernisation, total exclusion of contractors and middlemen from the trade and protection and restoration of the natural environment.21. this matter was heard for some time on the basis of these reports of ..... obligation the liability is inherited by the children of the original debtor. the system thus provides a built-in mechanism for continuation of exploitation of the under-privileged section of the society by the privileged few living therein.12. the bonded labourers are paid nominal wages and often their family members are not permitted to take ..... appropriate authorities and necessary action shall be initiated against the defaulting mine owners and/or thekedars or jamadars.(8) the central government and the government of haryana will ensure that payment of wages is made directly to the workmen by the mine lessees and stone crushers owners or at any rate in the presence of a representative .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //