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Section
section 22 Section 2 section 22
Apprentice Act
2000
Section 22
Apprentice Act
2004
CLRA
2001
SAIL I
Section 10
CLRA CLRA
1997 2003
Section 10 Section 10
CLRA
1985
CLRA
2006
SAIL-II Case
Section 10
CLRA
2006
APSRTC
Section 10
CLRA
1997
Senior regional Manager,FCI vs Tulsi Das bauri Section 21 Gammon India Ltd. Vs. Union of India
CLRA
1974
CLRA
1992
CLRA
1997
Deena Nath v. National Fertilizers Ltd. Hindustan Steel works Construction v. Commissioner of Labour
CLRA
2009
Gujarat State Electricity Board Vs Union of India Section 10 Dipak Sarkar v. State of Bihar Shankari Prasad Vs Union of India Sajjan Singh Vs State of Rajasthan Golak Nath Vs State of Punjab Keshava Nanda Bharati Vs State of Kerala Article 13 Randhir Singh vs Union of India Section 14 Indira Sawhney Vs Union of India - Mandal Case Article 16 Kameshwar Prasad Vs State of Bihar Article 19(1)(a)(b) All India Bank Employers Association Vs National Industrial Tribulation
Consitution
1967
Consitution
1962
Consitution
1962
Article 19(1)(c)
Consitution
1982
Asiad Case
Olga Tellis Vs Bombay Municipal Corporation(Pavement Dweller case) Article 21 Indira Gandhi v. Raj Narain Maneka Gandhi Case
Consitution
1979
Consitution
1981
Ajay Hasia vs. Khalid Mujib Sehravardi Section 12 Vishaka vs state of Rajasthan Unni Krishnan vs State of 1993 AP 1955 Bengal Immunity
1997
1975
1984
state of Gujarat vs ND Shah Section 2(m) P.S.S. Sunder Rao, CMC ,Vellore v. Inspector of Factories, Vellore Section 2(m) State of UP vs M.P.Singh and others Section 2(l) Jyoti Switchgears Ltd Vs Chief Inspector of Factories Section 2(n) Indian Oil Corp Ltd Vs Chief Inspector of Factories Section 2(n) Cricket Club of India Ltd. Vs. E.S.I. Corpn Section 2(k)
Factories Act
1977
Factories Act
1998
Factories Act
1992
Factories Act
1996
1992 2003
E.S.I Corp. v. Indian Textile Mills Section 21 Workmen of Ashok Leyland Ltd and Ashok Leylan Co-op Canteen Ltd v. Ashok Leyland & others Section 46 NTPC Vs Karri Pothuraju & others Section 46 Shankar Balaji Waje v. State of Maharashtra Section 80 Employers Association of Northern India Vs. Secretary of Labour Section 49
Factories Act
Factories Act
1952
Description
SC quashed HC judgment.Taking trained apprentices is not reservation. Contractual Principle of harmonious construction, for S 2(s) IDA and S. 18 Apprentice act 4 guidelines - 1.preference over direct recruits, 2.not needed to be sponsored by an employment The apprentice will have to take an exam or an interview before being absorbed (Viva - Written exam ratio) Effect of non-regn of apprenticeship contract, even if it is not regd an apprentice continues to be an apprentice and doesn't become a workman
Explanation
The trained apprentices appealed to HC but plea was rejected stating that together with SC/ST An apprentice not covered by apprentice act shall be governed by ID Act, but an apprentice who is getting
Absorption of contract labors after prohibition is not While sending the notification of abolishing the mandatory. Prospective Over ruling of Air India goverment after consulting the central advisory board Case 1996 must look into the 4 conditions- Sec 10 (2) a-d The contract workers must be absorbed by the company, reached this decision by objecta scriptaabsorb the laboures Canteen is essential under Sec 46 of the factories act. Employees to be regularized. It is not possible for Supreme Court to enquire about abolishing Contract Labour. Only the Appropriate Govt. can do it.. Neither Labour Court nor Writ court could determine whether contract labour should be abolished or not. this being the exclusive domain of Appropriate Govt Section 10 not passed .The high court could not exercise of its jursdiction under Art 226, direct absorption of respondants, on grounds that the work done by contract labour was perennial. The respondants have to approach the Industrial Tribunal and establish scam and camouflage Contractor is liable to pay wages,failing which principal employer becomes liable Article 19(1)(g) and Article 14 not violated on basis of Supreme Court upheld the constitutional validity of reasonable restriction and intelligible diffrentia the Contract Labour Act respectively Contract labour cannot become employees of principal employer merely because contractor or employer has not obtained license or registration respectively. Wages paid by Contractor to his workers shall be equal to the wages paid by the principal employer to his workers doing similar works. Commisioner was required to consider basic pleading and materials by both parties to arrive at a conclusion that work is same
Supreme Court recommended that the Central Government should amend the Act by incorporating a suitable provision to refer to industrial adjudicator the question of the direct employment of the workers of the ex-contractor in the principal establishments, when the appropriate Government abolishes the contract labour. Sham and Camouflage conditions Appropriate government for contractor will be same as of principal employer. Amendment is not a law Amendment is not a law Amendment is a law, but no previous amendments will be declared null and void, First time prospective overruling Article 13(4) is valid Ruling party can NOT change the Basic Structure of the constitution Equal pay for equal work is deducible from Article 14,16, 39(d) and Preamble. Creamy layer + 50% cap on reservation Peaceful and orderly demonstration a fundamental 19(1) - Speech and expression + 19(b) - peaceful right as a result of Article 19(1)(a)(b) assembly Right to form unions under Article 19(1)(c) does not carry with the right to collectively bargain and hold a strike. These were later on made a legal right, but they are not a fundamental right Violation of article 23 (minimum wages), Issues like Child Labour, Contract Labour violation should not be handled by meagre fine, but adequately punished But later on, the court found that Right to Livelihood was untenable in India given the present situation(Delhi Development Horticulture Employees' union v/s Delhi Adminstration), so it was shifted to Article 21 includes Right to livelihood as well Directive Principle Free Election is a basic structure Right to life includes right to live with dignity The test to determine as to when a corporation can A corporation can be said to be an instrumentality of be said to be an instrumentality or agency of the government if: 1. Government hold a large share Government. in the corporation. 2. Financial assistance by the state to meet almost entire expenditure 3. Corporations enjoys monoply or protection by the state 4. Deep and Prevasive state control 5. Functions are public importance and related to state 6. if a department of state is transfered to a corporation Amendment of rights is allowed under Article 368 Amendment of rights is allowed under Article 368
Parliament cannot amend the basic structure of the Indian constitution. Directive principles are superior to fundamental rights.
The case questions if a corporation was created by The court reasoned that irrespective of the origins of a corporation be it by a statute or a government the state by a statuate or under a statuate then company or a company formed under the comapnies does it qualify as an instumrntality of the state? act 1956 etc,- the corporations will only be considered an instrumenatlity of the government within the meaning of article 12 and on the assesment of the relevent facts. Laid down guidlines to prevent sexual harrasment of working women in place of their work until a legislation to this effect is enacted Right to education upto the age of 14 is a fundamental right law made by SC is binding on all courts not including itself not necessarily 10 workers at the time of visit of factory inspector Laundry connected to hospital washing only hospital's clothes not a factory Field Workers dont come under definition of workers. If by resolution a company puts a person with ultimate control on the affair of the factory then that person can be considered an owner
In State, 2(n)(iii) applicable instead of 2(n)(ii) Preparation of food and beverages and its sale to the members of club are also included in the definition of manufacturing process Worker disobeyed the direction and got injured but not putting an underguard to the transmission machinery is a contravention on the part of the employer.
Need not absorb workers since canteen run by cooperative society has to absorb employees Case of employee not covered in the definition of worker not allowed benefits of payment of wages during leave period It was held that the employer should appoint a Welfare Officer, even if the factory employs over 500 workers only for a few months in the year and not continuously.
Finally in 1993, in another case, the court observed that Right to Livelihood ensures that before firing any employee, the management must give him a chance to explain himself. The principal of natural justice should be followed
Natural Justice principle: a) Free from bias and interest in the subject matter. b) audi alteram partem - reasonable opportunity to be heard. Not issued against a private body.