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Jul 21 1994

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Decided on : Jul-21-1994

Subject : Constitution

Acts : Madras Hindu Religious and Charitable Endowments Act, 1951 - Sections 3, 20, 23 and 30; Constitution of India - Articles 14, 16 and 226; Kerala Private Forests (Vesting and Assignment) Act, 1971

Reported in : AIR1995Ker172

the expression 'same work or work of similar nature' contained in Article (h) of Section 2 of the Equal Remuneration Act, 1976 enacted by Parliament to implement Article 39(d) of the Constitution and the obligation created by the … widerthan those conferred on the Wakf Board under the Wakf Act.27. The Preamble to the Wakf Act, 1954 (Act 29/1954) states that it is an … Balanarayana Marar, J. 1. Malabar, that part of the west coast between mala (hill) and bar … no control over the mosque. While observing that the absence of any provision in the Act or the Rules providing for appointment of Imam or laying down the conditions of their service may be because they are

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Dec 08 2000

Vasantha R. Vs. Union of India (Uoi) and ors.

Court : Chennai

Decided on : Dec-08-2000

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 66(1); Constitution of India - Articles 14, 15(1) and 19(1)

Reported in : (2001)IILLJ843Mad

major potential than any other statute.94. The implementation of Equal Remuneration Act, 1976 would mean elimination of all discriminations on grounds of sex with regard … and female workers either in a public employment or any factory as the provisions of the Payment of Equal Remuneration Act and the constitutional provision provides a safeguard in this respect, lest it will be an infraction of … that context it has been held thus:'(9) The Factories Act, as the preamble recites is an Act to consolidate and amend the law regulating labour … the ample powers in this respect. The statutory provision itself while conferring powers to State Government to frame rules to exempt the women working in the fish-curing, fish canning factories from Section 66(1)(b) of the Factories Act,

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Jul 13 1999

College Section Officers Association and ors. Vs. University of Delhi ...

Court : Delhi

Decided on : Jul-13-1999

Subject : ConstitutionService

Acts : Constitution of India - Article 226

Reported in : 2000IIIAD(Delhi)503; 2000(56)DRJ1

by Istvan Szaszy p.265). The preamble of the Constitu-tion of the International Labour Organisation recognises the principle of 'equal remuneration for work of equal value' as constituting one of the means of achieving the improvement of 'conditions 'involving … claim of a lady stenographer for equal pay under Equal Remuneration Act, 1976 (Act 25 of 1976). The ratio in that case is entirely different … been getting the scale of. Rs. 650-30-740-35-810-EB-35-880-40-1000-EB-40-1200 with effect from 1.1.1973 as per Central Civil Services (Revised Pay) Rules, 1973 promulgated on the basis of the recommendations of the Third Central Pay Commission, the petitiones herein have

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Mar 01 1994

R.H. Bhatt Vs. Principal Chief Conservator of Forests and anr.

Court : Gujarat

Decided on : Mar-01-1994

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Equal Remuneration Act, 1976; Gujarat Civil Service (ROP) Rules, 1987

Reported in : (1995)1GLR327

of this rules falls for consideration.' The Supreme Court in this very connection referred to the provisions of Equal Remuneration Act, 1976, and more particularly to the definition of expression 'same work or work of similar nature' contained … rank and the nomenclature is the same .... Construing Arts. 14 and 16 in the light of the Preamble and Art. 39(d) we are of the view that the principle 'equal pay for equal work' is deducible … the respondents in placing the petitioner in the pay scale of Rs. 1,400-2,600 from the pay scale of Rs. 1,640-2,900. He has further prayed that

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Apr 11 2014

M/S. Century Central Vs. State of Karnataka, Urban Development Departm ...

Court : Karnataka

Decided on : Apr-11-2014

Subject : Land Acquisition

Bonus Act, 1965, the Payment of Wages Act, 1936,, the Maternity Benefit Act, 1961, Gratuity Act, 1972, the Equal Remuneration Act, 1976 and the Karnataka Shops and Commercial Establishments Act, 1961; (ii) "Authority" includes a local authority or … be an "industrial undertaking or other project". Drawing our attention to the preamble and scheme of the Facilitation Act, 2002, it was contended that only … Order Passed In The Writ Petition 47552- 553/12 Dated 2/7/13.) Cav Judgment 1. These writ appeals arise out of the order dated 02/07/2013 passed by … of such a meeting along with agenda had to be issued under Rule 4(2) of Karnataka Industries Facilitation Rules, 2004 (hereinafter referred to as 'Facilitation Rules'). In the instant case, fifth respondent's project proposal was riot part

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Oct 08 1992

State of Madhya Pradesh and Another Vs. Pramod Bhartiya and Others

Court : Supreme Court of India

Decided on : Oct-08-1992

Subject : ConstitutionLabour and Industrial

Acts : Constitution of India - Articles 14, 16(1), 37 and 39; Equal Remuneration Act, 1976 - Sections 2

Reported in : AIR1993SC286; [1992(65)FLR991]; JT1992(5)SC683; (1993)ILLJ490SC; 1993(I)OLR(SC)448; 1992(2)SCALE791; (1993)1SCC539; [1992]Supp1SCR904

the expressions 'same work or work of similar nature' contained in Clause (h) of Section 2 of the Equal Remuneration Act, 1976. The said Act was enacted by Parliament (as pointed out by this Court in Mackinnon Mackenzie … the same... Construing Articles 14 and 16 in the light of the Preamble and Article 39(d), we are of the view that the principle 'equal … neither a mechanical rule nor does it mean geometrical equality. The concept of reasonable classification and all other Rules evolved with respect to Articles 14 and 16(1) come into play wherever, complaint of infraction of this Rule

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Aug 09 1994

T. Suthendraraja and Another Vs. State of Tamil Nadu and Others

Court : Chennai

Decided on : Aug-09-1994

Subject : Criminal

Acts : Constitution of India - Articles 21, 22, 22(1), 39, 39A, 227 and 227(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 303, 304 and 304(2); Tada - Sections 15

Reported in : 1995CriLJ1496

No. 1, Madras at the Cost of the State under Rule 9 of Legal Aid to Poor Accused Rules 1976 read with S. 304(2) of Cr.P.C. as the High Court may deem fit and proper in the circumstances … passed by this Court, under similar circumstances. The affidavit further reads, that the doctrine of 'Equal Pay for Equal Work' guaranteed under Art. 39(d) of the Constitution, would attract this case also. 10. The counter-affidavit filed on … Madras and thereby they have to lose their considerable portion of their remuneration. (iii) The case being important one requires a deep study of voluminuous … Nadu State Legal Aid Board with specific reference to it, in the preamble portion which reads as hereunder : 'Subject to the following guidelines, the

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Dec 27 2004

B. Krishna Murthi, S/O Late Suraiah, Vs. State of Andhra Pradesh Rep. ...

Court : Andhra Pradesh

Decided on : Dec-27-2004

Subject : ServiceConstitution

Acts : Andhar Pradesh Land Grabbing (Prohibition) Act, 1982 - Sections 7 and 16; Service Rules - Rules 3, 4, 6, 8, 9, 10, 11, 13, 14 and 16; Constitution of India - Articles 14, 16 and 39

Reported in : 2005(2)ALT342

by Istvan Szaszy p.265). The preamble of the Constitution of the International Labour Organisation recognizes the principle of 'equal remuneration for work of equal value' as constituting one of the means of achieving the improvement of conditions 'involving … case (Spl. Civil Application No. 1753 of 1974 decided on July 28, 1976) does not lay down good law and is accordingly overruled.'19. The Constitutional … Special Court as was granted to such Revenue Members vide impugned G.O. Ms. No. 358, Revenue (Act & Rules) Department, dated 1-5-2004 as arbitrary, illegal, discriminatory and offending Article 14 of the Constitution of India. It was

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Jan 31 2001

South Malabar GramIn Bank Vs. Co-ordination Committee of South Malabar ...

Court : Supreme Court of India

Decided on : Jan-31-2001

Subject : Labour and Industrial

Acts : Constitution of India - Articles 14, 16(1), 32, 38 and 39; Regional Rural Banks Act, 1976 - Sections 17; Industrial Disputes Act, 1947 - Sections 18; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 9

Reported in : AIR2001SC1028; JT2001(2)SC175; (2001)ILLJ743SC; 2001(1)SCALE540; (2001)4SCC101; [2001]1SCR742

the emoluments of the Regional Rural Bank Employees in conformity with the judicial maxim of 'Equal pay for equal work' and 'industry-cum-region formula' and bring about parity in emoluments between the employees of Regional Rural Banks inter … the Act, it is only the Central Government, who has been conferred with the power to determine the remuneration of the officers and employees appointed by the Regional Rural Bank and for determining such remuneration, the legislature … challenging the validity of Section 17 of the Regional Rural Banks Act, 1976 (hereinafter referred to as 'the Act') on the ground that the provision … of the national objectives as envisaged in the preamble of the Constitution and the Directive Principles of … the tribunal was in relation to the pay, dearness allowance, adjustments, leave rules, gratuity as well as the working hours and age of retirement. In … writ petitions by judgment dated 5.9.95 in C.O.No. 12653/95 and C.O. No.12869/95 and the appeal against the

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Jan 12 1977

K.S. Ramaswamy and Vs. Union of India (Uoi) and ors.

Court : Chennai

Decided on : Jan-12-1977

Subject : Labour and Industrial

Reported in : (1977)ILLJ211Mad

Ratan urges by contending as follows :20. The long title and the preamble of the Act clearly shows that this Act was passed to provide … as some of the Assistant Branch Managers who are performing similar functions. This unequal treatment meted out to equals is violative of the petitioner's fundamental righis guaranteed under Article 16 of the Constitution and as such void.(vi) … ORDERMohan, J.1. This writ petition is for declaration declaring the Life Insurance Corporation -Development Officers (Alteration of Remunerations and other Terms and Conditions of Service) Order, 197f, dated 8-4-1976 and the consequential Life Insurance Corporation of … the Insurance Act as a result of the application of the new rules relating to their service.7. There is no violation of Article 16. In

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