Court : Supreme Court of India
Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318
..... . right to work does not oblige the state to provide work for livelihood which has also been not recognized as a fundamental right. mahatma gandhi national rural employment guarantee act, 2005 (act 42 of 2005) guarantees at least 100 days of work in every financial year to every household whose adult members volunteer manual work on payment of minimum wages. article 41 of the ..... which stood in the way was removed by the constitutional amendment.78. the scope of the above provision came up for consideration in jagdish lal and others v. state of haryana and others [(1997) 6 scc 538], where this court held that the principle of seniority according to length of continuous service on a post or service will apply and that ..... right "to practice any profession or occupation" [article 19(1)(g)] is clarified when we read along with that right the obligation of the state to see that the health of the workers and the tender age of the children are not abused (article 39). thus, we need to interpret the fundamental rights in the light of the directive principles. the above ..... to be the motto of the act which was enacted to accomplish the state's obligation to provide free and compulsory education to children of the age 6 to 14 years, in that process, compulsorily co-opting, private educational institutions as well. a shift in state's functions, to non-state actors in the field of health care, education, social services etc. has .....Tag this Judgment!
Court : Karnataka
..... comparable regular recruits gross salary when the minimum fixed as wages under the provisions of sec.3 r/w sec.5 of minimum wages act, 1948 for this class of health care workers is only rs.45,000/- per month. (ii) the above apart, clause (2) of article 23 in so many words permits ..... laws are directed to problems made manifest by experience. thomas m cooley, in his a treatise on the constitutional limitations (first edition 1868) indian reprint 2005, hindustan law book company, calcutta at page 168 stated: the rule of law upon this subject appears to be, that, except where the constitution has ..... enact law includes the power to enact coercive provisions for its implementation. the apex court in state of u.p. vs. sukhpal singh bal, (2005) 7 scc615while dealing with some aspects of penalty has observed everything which is incidental to the main purpose of a power is contained within the power ..... true; from in re the kerala education bill, air1958sc956to st. xaviers college society (1974) 1 scc717 tma pai foundation (2002) 8 scc481to p.a.inamdar, (2005) 6 1328 scc537and to christian medical college (2014) 2 scc305 it has been iterated & reiterated by the apex court that: the right of minority communities to ..... by doctors and some motivation must be provided to the doctors servicing those areas." (iii) decades later in state of punjab vs. shiv ram (2005) 7 scc1at para 39 it was observed: how the medical profession ought to respond: medical profession is one of the oldest professions of the most .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1992SC38; JT1991(3)SC408; 1991(1)SCALE295; (1991)4SCC174; 3SCR524
..... children of the quarry workers. we have not been able to see any reason for the difference. quarries are located in a particular area away from habitation. on account of necessity for workmen in the area people from different parts of the country are made to live therein along with their families under very insanitary and inconvenient conditions. health care of workmen and ..... take the assistance of non-political social action groups and voluntary agencies for the purpose of ensuring implementation of the provisions of the bonded labour system (abolition) act, 1976.(4) the government of haryana will draw up within a period of three months from today a scheme or programme for rehabilitation of the freed bonded labourers in the light of the guidelines ..... .18. in regard to the specific direction of the court, mr. jain noticed that vigilance committees as required under section 13 of the act had been constituted in all districts and sub-divisional headquarters of the state of haryana and a good number of meetings of the vigilance committee had been held. he, however, came to the conclusion on verifying the proceedings ..... committee in each sub-division of a district in compliance with the requirements of section 13 of the bonded labour system (abolition) act, 1976 keeping in view the guidelines given by us in this judgment.(2) the government of haryana will instruct the district magistrates to take up the work of identification of bonded labour as one of their top priority tasks .....Tag this Judgment!
Court : Kerala
Reported in : 2004(1)KLT215; (2004)ILLJ1069Ker
..... the termination of service or employment is unjustified. similarly such powers are inherent with the conciliation officers or the appellate authority as constituted under the headload workers act. 9. a division bench of this court in ibrahimkutty v. superintendent of police (1991 (1) klt 829)' held that the employer has ..... the writ petition and quashed the impugned order. it was held as under: "i find that this court has held that under the headload workers act, the members of the third respondent union had no right to insist on doing the work and that the scheme was also not applicable. as ..... engaging labourers of his choice cannot be denied to him" "as regards the resolution of the dispute contemplated by the headload workers act is concerned, there is no injunction or prohibition for resort being had to the authorities concerned for resolution of their disputes in accordance with ..... judge was examining the validity of the reference made by the state government under section 10(1)(d) of the industrial disputes act, 1947. the provisions of the kerala headload workers act did not fall for consideration. similarly, in calicut mordum spinning and weaving mills case (supra), the award of the labour court ..... engaging labourers of his choice cannot be denied to him. as regards the resolution of the dispute contemplated by the head load workers act is concerned, there is no injunction or prohibition for resort being had to the authorities concerned for resolution of their disputes in accordance with .....Tag this Judgment!
Court : Kerala
..... was also observed that the termination w.e.f. 01.01.1992 was not in conformity with the provisions of sec. 25-f of the i.d. act and hence it was declared that the workers were supposed to be in service till they were validly terminated. the petitioner/management challenges the said award on many a ground, legal and factual. 6 ..... has been well explained by the constitution bench of the apex court in steel authority of india ltd. v. national union water front workers (2001 (7) scc 1 ) wherein the relevant provisions of the said act, as they existed before and after the amendment in 1986, have been discussed in detail. if there was a notification prohibiting the contract labour under section ..... by the officers of the petitioner management company. it was contended that the service of the workers was terminated without following the requirements contemplated under section 25-f of the industrial disputes act and that there was no justification for not regularising the service of the workers by the petitioner/management. it was in the said circumstance, that a declaration was sought for ..... that no reinstatement was ordered as per ext. p5 award and as such, the so called workers were not entitled for any relief contemplated under sec. 17b of the act. so an appeal was preferred as w.a. 14/2001 by some of the aggrieved workers, wherein also interference was declined and the appeal was dismissed as per the judgment dated 06.07 .....Tag this Judgment!
Court : US Supreme Court
..... footnote 16 ] the statements, in full, are as follows: "in the committee's deliberations on this measure, it was recognized that the needs of patients in health care institutions required special consideration in the act, including a provision requiring hospitals to have sufficient notice of any strike or picketing to allow for appropriate arrangements to be made for the continuance of patient ..... organizational and recognition disputes." s.rep. no. 9766, p. 3 (1974). it is true, as petitioner argues, that congress felt that "the needs of patients in health care institutions required special consideration in the act . . . ," ibid., and that, among the witnesses before the committee on labor and public welfare, "[t]here was a recognized concern for the need to ..... showing of disruption to patients. the nlrb held that petitioner's ban violated 8(a)(1) of the national labor relations act (act), which, by amendments to the act in 1974, was made applicable to employees of nonprofit health care institutions, and that the disciplining of employees for not observing the prohibition violated 8(a)(3). the nlrb ordered petitioner to ..... likely to be disrupted -- is an impermissible construction of the act's policies as applied to the health care industry by the 1974 amendments. even if the legislative history arguably pointed toward a contrary view, the board's construction of the statute's policies would be entitled to considerable deference. nlrb v. iron workers, 434 u. s. 335 , 434 u. s. 350 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(3)ALD59; 2002(3)ALT684; [2002(94)FLR1063]
..... 1994. writ appeal no. 1590 of 1998 is filed by m/s. smithkline beecham consumer health care limited - the 2nd respondent in the writ petition whereas writ appeal no. 1599 of 1998 is by hmm limited (horlicks)workers union - the 5th respondent in the writ petition.2. writ petition no. 17556 of ..... industrial disputes act, 1947 (for short 'the act') is assailed in the writ petition.5. the facts leading to the filing of the writ petition may be noted briefly as under.6. during the month of october, 1993 there was industrial unrest among the workmen of the smithkline beecham consumer health care limited. ..... would contend that the writ petition filed by the writ petitioner-union is not maintainable. m/s. smithkline beecham consumer health care limited is a company registered under the companies act and it cannot be treated as a state or an instrumentality of the state under article 12 of the constitution of ..... trade union to compensate three workmen whose services are agreed to be terminated as a condition to enter into settlement under section 18(1) of the act.14. sri. p. venkateswarlu, the learned senior counsel appearing for the writ petitioner, with his usual persuasiveness and force, would contend that the offending ..... the management of the industry and ultimately an amicable settlement was executed between the 5th respondent and the management under section 18(1) of the act on 8-7-1994.7. there is no necessity for us to refer to other clauses in the settlement except clause (10) of the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1993)104PLR552
..... making reference for raising industrial dispute, as basic object or consideration of the authority is up-keeping of industrial peace in the interest of society and the act being beneficial to the workers we may hasten to add that inordinate delay in raising dispute would result in producing unjust result and it may prove counter productive to industrial peace the inactivity ..... development authority to execute the work for supply of water, provide sewerage, control pollution and render further similar services. reference may be made to section 13 of the haryana urban development authority act, 1977 which runs as under:-'objects and functions of authority.-the objects of the authority shall be to promote and secure the development of all or any of ..... is carried on with a motive to make any' gain or profit, and includes -(a) any activity of the dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948) ;(b) any activity relating to the promotion of sales or business or both carried on by an establishment but does not includes-(1) ..... technical considerations. worker has been defined by the act it envisages, conscriptions negotiation, conciliation and adjudication; as demanded by the society animated by industrial disputes keeping in view the fast changing social norms of the present day society.8. the thrust of the argument of the learned counsel for the petitioners is to the effect, that the principal activity of the haryana, urban .....Tag this Judgment!
Court : Kerala
Reported in : 2007(1)KLT343; (2007)2LLJ427Ker
..... same cannot have the support and backing of law. therefore, such a finding of fact by the district labour officer and regional joint labour commissioner under the headload workers act is patently against the headload workers act, rules and scheme and therefore perverse. it is now common knowledge that some unions with muscle power demands 'nokku kooli' (wages for watching the loading and unloading ..... ground that the authorities, after conducting an enquiry, found that members of respondents 6 and 7 unions were doing the 'attimari work' continuously and that they are registered workers under the headload workers act, which finding is a concurrent finding of fact by two authorities and there is no ground to interfere with the same under the discretionary jurisdiction of this court under ..... learned single judge in o.p.no. 13451/1996 wherein the learned single judge upheld exts. p3 and p5 orders of the original and appellate authorities under the kerala headload workers act, whereby the rights of respondents 6 and 7 unions to claim 'attimari work' in the kollam district depot of the kerala state civil supplies corporation was upheld. the appellants ..... and scheme including respondents 2 and 3. this judgment shall be applicable not only inter-partes but also to all cases before the authorities under the headload workers act, rules and scheme which may arise, as a general law on the subject and such authorities shall ensure that the law as declared in this decision is promptly applied by .....Tag this Judgment!
Court : House of Lords
..... a place which is appropriate for that purpose: aerts v belgium (1998) 29 ehrr 50. beyond that, as baroness hale pointed out in r(b) v ashworth hospital authority  ukhl 20;  2 wlr 695, 707, para 34, article 5(1)(e) is not concerned with the patient's treatment or the conditions of his detention: ashingdane v united kingdom (1985 ..... it must in any event be different from the usual degree of humiliation that is inherent in arrest or detention: ocalan v turkey (application no. 46221/99) (unreported), 12 may 2005, para 181. it has also made clear that, while the absolute prohibition is not capable of modification on grounds of proportionality, issues of proportionality will arise where a positive obligation ..... in [inhuman and degrading] conditions." in hague lord bridge observed: "in practice the problem is perhaps not very likely to arise": 166c. it is not to be assumed that in 2005 such conditions do not sometimes occur in our prisons. under domestic law hague effectively denies prisoners any effective remedy for a breach of their residual liberty. even in respect of ..... 1 to the mental health (patients in the community) act 1995 and section 116 of and paragraph 9 of schedule 4 to the care standards act 2000, directs the secretary of state to prepare, and from time to time revise, a code of practice (a) for the guidance of registered medical practitioners, managers and staff of hospitals and approved social workers in relation to "the .....Tag this Judgment!