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Mansinh L. Bhakta Vs. the State of Maharashtra and ors.
Mumbai
Oct-26-1990
Labour and Industrial
Constitution of India, 1950 - Article 226; Employees' State Insurance Act, 1948 - Sections 2(17) and 214A; Factories Act, 1948 - Sections 100
1991(2)BomCR1; [1991(63)FLR740]; (1995)IIILLJ867Bom
aforesaid observations. It is admitted position that Mr. Mathur was nominated as the occupier under the provisions of Factories Act, 1948. Section 100 of the Factories Act, 1948 deals with the determination of the occupier in certain cases, which is … that the person is Director of the Company, he does not become the principal employer as contemplated under Section 2(17) of the Act and therefore, he cannot be made personally liable for the dues under the Act. Further
Tag this Judgment! AI Brief & AskThe Employers' Association of Northern India Vs. the Secretary for Lab ...
Allahabad
Aug-02-1951
Labour and Industrial
Factories Act, 1948 - Sections 2, 49, 49(1), 49(2) and 112; Factories Welfare Officers' Rules, 1949 - Rules 5, 6, 7, 8 and 9
AIR1952All109
9 just mentioned has been challenged. It is alleged that though these rules purport to be framed under Sub-section (2) of Section 49, Factories Act, 1948, they do not come within the purview of that Sub-section and are … from enforcing and promulgating Rules. Nos. 5, 6, 7, 8 and 9 of the Rules framed under the Factories Act, 1948, and published in Government Notification no. 2401 (L(sic))/XVIII.543(L)/47, dated 29-6-1949. The petitioner in Writ Application No. 208 of
Tag this Judgment! AI Brief & AskState Vs. Ardeshir Hormusji Bhiwandiwala
Mumbai
Oct-10-1955
Labour and Industrial
Factories Act, 1948 - Sections 2, 6, 7, 17, 34, 35, 44, 51, 52, 53, 54, 59, 67, 69, 79, 92, 106 and 112; Bombay Factories Act, 1947; Bombay Factories Rules, 1950 - Rules 3 and 4; Code of Civil Procedure (CPC), 1908; Factories Act, 1911 - Sections 2 and 2(3); Factories (Amendment) Act, 1954; Mines Act, 1952; Public Health Act, 1875 - Sections 4; Workmen's Compensation Act, 1925
AIR1956Bom219; (1956)58BOMLR66; 1956CriLJ488; ILR1956Bom321; (1956)IILLJ26Bom
Factories Rules, 1950. The appeal raises an important question-of construction of Clause (k) (1) and Clause (m) of Section 2, Factories Act 1948. The respondent is the occupier of the Wadia Mahal Salt Works at Wadala where the … Chief Presidency Magistrate, Bombay, acquitting the respondent who was charged with having committed an offence under Section 92, Factories Act 1948, for breach of the provisions of Section 6, Factories Act, 1948, read with Rule 4 of the Bombay
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Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...
Gujarat
Oct-15-1970
Labour and Industrial
Maternity Benefit Act 1961 - Sections 2; Workmen's Compensation Act 1928 - Sections 12; Factories Act 1948 - Sections 1(2), 3, 38(1), 38(2) and 85; Industrial Disputes Act, 1947 - Sections 2
(1971)GLR690; (1972)ILLJ253Guj
High Court of Patna in Ram Chandra Prasad v. State of Bihar, A.I.R. 1957 Pat. 247, that the Factories Act, 1948, would cover these establishments in which beedi making was carried on because the expression 'employed' in S. 2(1) … employer-employee relationship and premises which are covered under the Act either as mere establishments or as industrial premises. Section 2(f) defines an 'employee' to mean a person employed directly or through any agency, whether for wages or
Tag this Judgment! AI Brief & AskDelhi Cloth and Genral Co. Mills Ltd. Vs. the Union of India and anr.
Delhi
Apr-23-1976
Sales Tax
Bengal Finance (Sales Tax) Act, 1941 - Sections 2; Factories Act, 1948 - Sections 46; Delhi Factories Rules, 1950 - Rule 65
ILR1976Delhi28; [1976]38STC403(Delhi)
Silk Mills, (d) D.C.M. Chemical Works, and (e) D.C.M. Manufacturing Works As required by Section 46 of the Factories Act, 1948, read with Rule 68 of the Delhi Factories Rules, 1950, the company set up canteens in its factories … to be a 'dealer' before the charging Section 4(1) becomes applicable. (16) The term 'dealer' is defined in Section 2(c) of the Sales Tax Act, as it stood at the relevant time, as meaning : 'ANY person who
Tag this Judgment! AI Brief & AskRamakant Rajmangal Yadav Vs. Ramnilan Vijay and ors.
Mumbai
Oct-08-1987
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 33C(2); Minimum of Wages Act, 1948; Factories Act, 1948 - Sections 2(K)
(1987)89BOMLR538; (1993)IIILLJ692Bom; 1987MhLJ994
shall have the same meaning as is assigned to it in Clause (k) of Section 2 of the Factories Act, 1948.' Mr. Cama vehemently urges that this Entry is divided into two parts that (i) there should be an
Tag this Judgment! AI Brief & AskGoa Carbon Ltd. and anr. Vs. Union of India (Uoi) and ors.
Mumbai
Jun-21-1995
Labour and Industrial
Factories Act, 1948 - Sections 2, 6 and 7
[1996(73)FLR1387]; (1998)IIILLJ722Bom
Act, 1948. On July 12, 1988, the petitioner-company made an application for registration and occupation as contemplated under Sections 6 and 7 of the Factories Act, 1948, in Form No. 2 as set out in paragraphs 4 … owns a factory situate at St. Jose de Areal, Salcete, Goa. The said factory is governed by the Factories Act, 1948.2. By its resolution dated May 6, 1988, the Board of Directors of Petitioner No. 1 passed a resolution
Tag this Judgment! AI Brief & AskDessai Metal Works Vs. Esic and anr.
Mumbai
Dec-14-1992
Labour and Industrial
Employees' State Insurance Act 1948 - Sections 2(12), 2(14AA), 2(17), 44, 45, 45A(1), 75 and 82; Factories Act, 1948 - Sections 2;
(1993)ILLJ1085Bom
Manufacturing process has been defined under section 2(14-AA). Manufacturing process has the meaning assigned to it under the Factories Act, 1948. Therefore, what is process will have to be looked into as defined under the Factories act, 1948. The
Tag this Judgment! AI Brief & AskState Vs. Mohammad Sattar (Bidi Factory)
Allahabad
Apr-02-1958
Labour and Industrial
Factories Act, 1948 - Sections 2(1) and 85(1)
AIR1959All404; 1959CriLJ793
it has been contended on behalf of the State that the view of the Magistrate was erroneous.7. The Factories Act, 1948, defines a 'Factory' to mean :'Any premises including the precincts thereof .... (ii) whereon twenty or more workers … were almost identical, came to the conclusion that the Bidi makers were not workers within the meaning of Section 2 Clause (1) of the Factories Act and the place of work, consequently, was not a 'factory.' Upon those
Tag this Judgment! AI Brief & AskEmployees' State Insurance Corporation Vs. Cortalim Shipyard and Engin ...
Mumbai
Apr-13-2005
Labour and IndustrialCompany
Employees' State Insurance Act, 1948 - Sections 2(15), 2(17), 40, 85 and 86A; Factories Act, 1948 - Sections 2; Indian Penal Code (IPC) - Sections 405; Employees' State Insurance (General) Regulations, 1950 - Regulations 10B, 31, 39, and 40
[2006]130CompCas295(Bom); [2006(106)FLR551]
in Section 2(17) of the Act read with the definition of occupier given in Section 2(n) of the Factories Act, 1948.12. Section 40 of the Act saddles the liability to pay the contributions in the first instance on the
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