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Sunshine Caterers Pvt. Ltd. Vs. Employees Provident Fund Appellate Tri ...

Court : Chhattisgarh

Subject : Education

with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; 20.A careful perusal of the definition of … petitioner/its predecessors-in-interest for selling its food products can be considered to be its employees for the purpose of Section 2 (f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the EPF Act'). 2.

Ceat Ltd. Vs. Murphy India Employees Union

Court : Supreme Court of India

Subject : ServiceSICA

Acts : Industrial Employment (Standing Orders) Act, 1946; Bombay Shops and Commercial Establishment Act, 1948 - Sections 38B; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 5, 7, 20(2), 21, 26, 28, 28(1) and 28(4); Industrial Disputes Act, 1947 - Sections 2, 3, 4, 10A(3A), 18(1) and 18(3); Apprentices Act, 1961; Payment of Gratuity Act, 1972; Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Industrial Disputes (Bombay) Rules, 1957 - Rule 62

Reported in : AIR2006SC2412; 2006(4)BomCR682; [2006(110)FLR203]; [2007(1)JCR305(SC)]; (2006)IILLJ891SC; 2006(4)SCALE628; (2006)9SCC478; 2007(1)SLJ29(SC)

ORDERS:11. Applicability of the provisions of the 1948 Act is not in question. The only contention raised is the applicability of the Model Standing Orders. The fact … that the number of workmen in the said establishment was less than 50 as is provided for in Section 38-B of 1948 Act, is again of not much significance. It may be true that provisions of the

Hindustan Lever Limited Vs. Hindustam Lever Employees Union and B.S. B ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971; Industrial Disputes Act, 1947 - Sections 2, 2A, 3A, 9A, 10A(3A), 18, 19, 25F, 25G, 25O, 36, 36(1) and 38; Air Force Act, 1950; Navy Act, 1957; Army Act, 1950; Bombay Industrial Disputes Rules, 1957 - Rules 25 and 62; Constitution of India - Article 32; Civil Services (Classification, Control and Appeal) Rules; Civil Services (Temporary Service) Rules; Revised Leave Rules; Civil Service Regulations; Civilians in Defence Services (Classification, Control and Appeal) Rules; Indian Railway Establishment Code; Karnataka Industrial Rules - Rule 59

Reported in : (2006)ILLJ1119Bom

The Bata Shoe Co. (P) Ltd. v. D.N. Ganguly and Ors. AIR 1961 1158 and (xviii) Tarini Kamal Pandit and Ors. v. Prafulla Kumar Chatterjee … Government and the conciliation officer.'17. Section 2(s) defines 'workman' which reads thus: 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire … item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'Act of 1971'). The complaint was resisted by the employer. The Industrial Court, Bombay after

Commissioner of Income-tax Vs. Indira Cotton Mills (P) Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30, 40(7), 40A and 40A(7); Gratuity Act, 1972

Reported in : [1995]215ITR36(Mad)

Mishra, J.1. This reference under s. 256(2) of the IT Act, 1961 (hereinafter referred to as 'the Act'), has brought before us a question 'Whether, on the facts and in … service rendered by an employee for a considerable period. It has thus protected any person (other than an apprentice) employed on wages, not exceeding a specified sum of money per mensem or such higher amount as the … issuing commissions for the examination of witnesses. (6) Any inquiry under this section shall be a judicial proceeding within the meaning of ss. 193 and

Deepak Nitrite Ltd. Vs. Regional Provident Fund Commissioner and Anoth ...

Court : Gujarat

Subject : MRTP

with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment;] [(ff) "exempted employee" means an employee to … conceded. 2- a reduction in price for a certain category of person. 3a- the right to use land or other property, granted esp. by a … been interalia containing the challenge to the orders dated 25.8.1999 and 21.10.1999 respectively passed by the authorities under Section 7A as well as Section 7D of The Employees' Provident Funds and Misc. Provisions Act, 1952 (hereinafter referred

Bright Export Limited Vs. Central Board of Trustees, EPF Organisation

Court : Delhi

Subject : Land Acquisition

with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment]. 17. The Employees Provident Fund and Miscellaneous … petitioner against the order dated 02nd June, 2008 and 30th July, 2008 passed by Assistant PF Commissioner under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the EPF Act

Independent Schools Federation Of India (regd.) Vs. Union Of India

Court : Supreme Court of India

Subject : Education

retrospective effect from 1st April 1972, thereby restricting the deduction available under Section 80-J of the Income Tax Act, 1961. In paragraph 78, Amarendra Nath Sen, J., in his dissenting opinion, has observed that a validating act validating … on this behalf.11 10 Section 4 of the PAG Act. 11 Sub-section 3A to Section 1, inserted by the Payment of Gratuity (Second Amendment) Act, … at that time, read thus: “2. Definitions. - xx xx xx (e) employee means any person (other than apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any

Grand Kakatiya Sheraton Hotel and Towers Employees and Workers Union V ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Andhra Pradesh Shops and Establishments Act, 1988 - Sections 16(3), 47, 47(3) and 47(4), 47(5), 50 and 51; Companies Act; Andhra Pradesh Shops and Establishments Act, 1966 - Sections 40, 40(1) and 40(3); Payment of Gratuity Act, 1972 - Sections 1(3), 2, 3A, 4(1), 7, 7(1), 7(2) and 7(3); Factories Act, 1948 - Sections 2(5), 2(8), 2(10) and 2(11); Industrial Disputes Act, 1947 - Sections 25F; Orissa Administrative Service, Class II (Appointment of Officers Validation) (Amendment) Act, 1992 - Sections 2; Constitution of India - Articles 13, 14 and 19(1), 254(2) and 309

Reported in : AIR2009SC2337; [2009(121)FLR407]; JT2009(4)SC550; (2009)IIILLJ161SC; 2009(3)SCALE371; (2009)5SCC342:2009AIRSCW3149:2009(5)LHSC3456

make the payment of gratuity within 30 days of the date, it becomes payable to such eligible employee. Section 3A provides for the interest, where gratuity is not paid within the prescribed period.7. The challenge before the High … `employee' means a person wholly or principally employed in and in connection with any establishment and includes an apprentice and any clerical or other staff of a factory or an industrial establishment who fall outside the scope … whereby, Sections 47(3) and 47(4) of the Andhra Pradesh Shops & Establishments Act, 1988 (hereinafter referred to as `the Shops Act') are declared unconstitutional, discriminatory

Sri Ganeshwar Textile Mills Ltd. Vs. Appellate Authority Under Payment ...

Court : Karnataka

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 4 and 7(7)

Reported in : (2001)IILLJ718Kant

read with Section 296 of the Income-tax Act ruled as under: 'Under Section 296 of the Income Tax Act, 1961, every rule made under the Act as required to be laid before each House of Parliament so that … was rendered before or after the commencement of this Act. 2(e) Employee means any person (other than an apprentice) employed on wages, not exceeding (two thousand and five hundred rupees per mensem or such higher amount as … (Ori) 1999, to the following effect:'The plain language of Order 41, Rule 3A(2), CPC, leaves no room for doubt that the question of limitation is