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Feb 27 2009

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

Court : Supreme Court of India

Decided on : Feb-27-2009

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

co-operative society, an establishment of a factory or an industrial undertaking which falls outside the scope of the Factories Act, 1948 (Central Act 63 of 1948), and such other establishment as the Government may, by notification, declare to be … payment of service compensation for termination, retirement, resignation etc. In short, Section 40 of the 1966 Act and Section 47 of the 1988 Act are pari-materia Sections. It will be better to compare the unamended Section 40, that

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Nov 05 2004

The Inspector of Factories Vs. S.N. Kanchal, Occupier, L. Texmaco Limi ...

Court : Andhra Pradesh

Decided on : Nov-05-2004

Subject : Criminal

Acts : Factories Act, 1948 - Sections 2, 6, 7, 7A, 7A(1), 7B, 11, 12, 13, 14, 16, 17, 18, 19, 36, 42, 43, 44, 45, 46, 46(2), 47, 49, 108, 109 and 110; Factories Rules - Rules 66(3) and 72

Reported in : 2005(2)ALD(Cri)747; [2005(106)FLR853]; (2005)IIILLJ846AP

Section 7A(1) read with Section 36, Section 46(2)(b) and Rule 66 (3), Section 47 and Rule 72 of Factories Act, 1948 (hereinafter in short referred to as 'the Act' for the purpose of convenience). The case of the prosecution

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Aug 16 2001

G.K. Choksi and Co. Vs. Commissioner of Income-tax

Court : Gujarat

Decided on : Aug-16-2001

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(13) and (36), 9, 9(1), 14, 28 to 44B, 160(1), 161(1), 163 and 256(1); Constitution of India - Article 14; Factories Act, 1948 - Sections 46, 47 and 48; Finance Act, 1976

Reported in : (2001)171CTR(Guj)396; [2001]252ITR863(Guj)

more workmen are employed. Similar is the situation in relation to provision for shelter, rest-room or lunch-room in Section 47 of the Factories Act, 1948, and the stipulation is employment of 150 or more workers. A professional cannot … welfare of low paid employees. Making provision for creches is specifically laid down in Section 48 of the Factories Act, 1948, which further stipulates that an employer shall provide a creche when it employs 30 women in its work

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Oct 10 1955

State Vs. Ardeshir Hormusji Bhiwandiwala

Court : Mumbai

Decided on : Oct-10-1955

Subject : Labour and Industrial

Acts : 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

Reported in : AIR1956Bom219; (1956)58BOMLR66; 1956CriLJ488; ILR1956Bom321; (1956)IILLJ26Bom

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 … done on the site of these salt works as I will presently point out, since as many as 47 workers are employed in that process, since the salt which is made on this land where the salt

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Dec 10 1996

M.C. Mehta Vs. State of Tamil Nadu and Others

Court : Supreme Court of India

Decided on : Dec-10-1996

Subject : Labour and Industrial

Acts : Child Labour (Prohibition and Regulation) Act, 1986 - Sections 3 and 17; Constitution of India - Articles 24, 32, 37, 39, 41, 45 and 47; Factories Act, 1948 - Sections 67; Plantation Labour Act, 1951 - Sections 24; Merchant Shipping Act, 1951 - Sections 109; Mines Act, 1952 - Sections 45; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Child Labour (Prohibition and Regulation) Act, 1986 - Sections 1(3), 2 and 14; Employment of Children Act, 1938

Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)

the following legislative enactments are in force prohibiting employment of child labours in different occupations:(i) Section 67 of Factories Act, 1948:Prohibition of employment of young children-No child who has not completed his fourteenth year shall be required or … the Constitution regarding the right to work and to give meaning to what has been provided in Article 47 relating to raising of standard of living of the population, and Articles 39(e) and (f) as to non-abuse

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Nov 22 2001

Srinivasa Resorts Limited and anr. Vs. State of Andhra Pradesh and ors ...

Court : Andhra Pradesh

Decided on : Nov-22-2001

Subject : Service

Acts : Andhra Pradesh Shops and Establishments Act, 1966 - Sections 2, 2(20), 4(3), 5(1), 40, 40(1), 40(3), 47, 47(1), 47(3), 47(4) and 63; Payment of Gratuity Act, 1972 - Sections 1(3), 3-A, 4, 7, 7(1), 7(2) and 7(3); Constitution of India - Articles 13, 14, 19(1) and 254(2); Andhra Pradesh Shops and Establishments Act, 1988 - Sections 47(3), 47(4) and 47(5); Companies Act, 1956; Factories Act, 1948; Industrial Disputes Act, 1947 - Sections 2 and 25F; Income Tax Act - Sections 10(10-C); Sales Promotion Employees (Conditions of Service) Act, 1976; Provisions of Punjab Village Common Lands (Regulation) Act, 1953; Administration of Evacuee Property Act, 1950

Reported in : 2002(1)ALD598; 2002(1)ALT738

co-operative society, an establishment of a factory or an industrial undertaking which falls outside the scope of the Factories Act, 1948 (Central Act 63 of 1948), and such other establishment as the Government may, by notification, declare to be … S.B. Sevha, C.J. 1. Constitutionality of Sub-sections (3) and (4) of Section 47 of the A.P. Shops and Establishment Act, 1988 (for short 'the Shops Act') is in question in this

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Oct 21 2011

Hindustan Unilever Limited Vs. Member, Industrial Court and ors.

Court : Mumbai

Decided on : Oct-21-2011

Subject : Labour and Industrial

Chapter,-- (a) "industrial establishment" means-- (i) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948). (ii) a mine as defined in clause (j) of sub-section (1) of Section 2 of … contained in the ID Act that an undertaking of an industrial establishment should also be an "industrial establishment". 47. Section 25K(1) of the ID Act deals with an "industrial establishment", as defined under Section 25L of the

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Jan 30 1964

Bank Silver Company Vs. Employees' State Insurance Corporation

Court : Mumbai

Decided on : Jan-30-1964

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 2; Employees' State Insurance Act, 1948 - Sections 1(4), 2, 2(4), 2(8), 2(9), 2(12), 2(14), 2(21), 2(22), 38, 39, 40, 41, 42, 44, 46, 47, 50, 51, 52, 56, 58, 59, 75 and 82

Reported in : [1964(9)FLR411]

2, Clause (12), of the Act language similar to that used in S. 2. Clause (m), of the Factories Act (Act LXIII of 1948). Section 2, Clause (m), of the Factories Act defines a 'factory' not by reference … relies strongly provides that the insured person shall be entitled to the benefits mentioned in that section. Sections 47; 50, 51, 52, 56, 58 and 59 provide for the payment of different benefits like the sickness benefit,

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Aug 30 2005

Chief Executive Officer, Sangli Urban Co-operative Bank Ltd. Vs. Manag ...

Court : Mumbai

Decided on : Aug-30-2005

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 3, 15, 15(2) and 15(5); Trade Unions Act, 1926; Industrial Disputes Act, 1947 - Sections 3, 5, 33C, 33C(1) and 33C(2); Maharashtra Co-operative Societies Act, 1960 - Sections 47 and 47(2); Factories Act, 1948 - Sections 7(1)

Reported in : (2006)ILLJ799Bom

named as the manager of the factory under Clause (f) of Sub-section (1) of Section 7 of the Factories Act, 1948;(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision … the application of the Labour Court, the learned counsel for the Petitioner also referred to the provisions of Section 47 of the Maharashtra Co-operative Societies Act, 1960 and by referring to the provisions of Sub-section (2) of the

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Sep 10 1998

V. Gopalakrishnaiah Vs. District Co-operative Central Bank, Kakinada, ...

Court : Andhra Pradesh

Decided on : Sep-10-1998

Subject : Trusts and SocietiesService

Acts : Andhra Pradesh Co-operative Societies Rules, 1964 - Rule 28(5); Andhra Pradesh Shops and Establishment Act, 1988 - Sections 2, 2(5 and 10), 47, 47(3) and 77; Bank Regulations Act, 1949; Industrial Disputes Act, 1947 - Sections 18(1); Factories Act, 1948; Shops and Establishments Act, 1966 - Sections 41(1); Gujarat Judicial Service Recruitment Rules, 1961 - Rule 6(4); Gujarat Judicial Service Recruitment (Amendment) Rules, 1979; Railway Establishment Code - Rule 2046(2); Constitution of India - Articles 14, 15 and 311; Bihar Service Code - Rule 74

Reported in : 1998(6)ALD137; 1998(5)ALT668

Co-operative Society, and establishment of a factory or an industrial undertaking which falls outside the scope of the Factories Act, 1948, and such other establishment as the Government may, by notification, declare to be a commercial establishment for the … bye-laws of the respondents/Banks, the age of superannuation is 58 years. It is further submitted that as per Section 47 of the Act, 1988, an employee working in a shop of establishment is entitled to continue upto the

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