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Jan 28 1997

Regional Director, E.S.i. Corporation Vs. David C.P.

Court : Kerala

Decided on : Jan-28-1997

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2(12); Mines Act, 1952 - Sections 2(1)

Reported in : (1999)ILLJ941Ker

It is contended in the application that the establishment is a mine in accordance with the provisions of Mines Act, 1952.3. In the narrative of the application, in paragraph 2 it is stated that since April, 1986 there was … covered under the provisions of the Employees' State insurance Scheme because there is a clear exemption provided Under Section 2(12) of the Act. The Insurance Court has reached the conclusion that the establishment cannot be understood to

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Dec 16 1983

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-16-1983

Subject : Constitution

Acts : Constitution of India - Articles 21, 32, 32(1), 32(2), 39, 41, 42, 226 and 256; Code of Civil Procedure (CPC), 1908 - Order XXVI - Order XLVI, Rules 6, 13, 14, 19, 20, 21 and 22; Mines Act, 1952 - Sections 2 and 3(1); Inter-State Migrant Workmen Act; Inter-State Migrant Workmen Rules; Mines Rules, 1955 - Rules 30 to 32; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 2(1), 4, 8, 12 and 21; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 - Rules 22 to 45; Bonded Labour System (Abolition) Act, 1976 - Sections 2, 4, 5 and 10 to 15; Maternity Benefit Act, 1961; Evidence Act; Contract Labour Act - Sections 2(1), 16, 17, 18 and 19; Contract Labour (Regulation and Abolition) Central Rules

Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC); 1983 (3) SCC 161

employed in the stone quarries. The first statute to which we must refer in this connection is the Mines Act, 1952. This Act extends to the whole of India and therefore applies a fortiorari in the State of Haryana. … appropriate Government may deem fit to impose in accordance with the Rules, if any, made under Section 35. Section 12 imposes certain duties and obligations on contractors which include inter alia the duty to issue to every inter-State

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Apr 11 2003

The Kumbakonam Milk Supply Cooperative Society represented by Its Secr ...

Court : Chennai

Decided on : Apr-11-2003

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 1(9), 2(9), 2(12), 75(1) and 82(2); Co-operative Societies Act; Mines Act, 1952; Factories Act, 1948 - Sections 2

Reported in : (2003)IIILLJ416Mad; (2003)2MLJ349

or is ordinarily so carried on, but does not include a mine subject top the operation of the Mines Act, 1952 or a railway running shed;' Section 2(14AA) 'manufacturing process' shall have the meaning assigned to it in the

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May 03 1962

Kalipada Chowdhury Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : May-03-1962

Subject : Labour and Industrial

Acts : Constitution of India - Article 32

Reported in : AIR1963SC134; [1963(6)FLR393]; (1963)ILLJ303SC; [1963]2SCR904

the alleged contravention of the provisions of Regulation 127(3) of the Coal Mines Regulations, 1957, framed under the Mines Act, 1952 (35 of 1952) (hereinafter called the Act). By their petition filed under Art. 32 of the Constitution, the … contention on the merits. 8. At this stage, it is necessary to read both sections 12 and 59. Section 12 deals with the constitution of Mining Boards. Section 12(1) provides that the Central Government may constitute for any

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Mar 03 1987

East India Coal Company Limited Vs. East Bulliaree/Kendwadih Colliery ...

Court : Supreme Court of India

Decided on : Mar-03-1987

Subject : Commercial

Acts : Coking Coal Mines (Nationalisation) Act, 1972 - Sections 3, 4, 5, 10, 12, 20, 21, 23, 24 and 26(3); Mines Act, 1952 - Sections 2(1)(I)

Reported in : AIR1987SC1428; JT1987(1)SC599; 1987(1)SCALE481; (1987)2SCC124; [1987]2SCR484; 1987(1)LC729(SC)

reads as follows:3(n)-'Owner'-(i) When used in relation to a mine, has the meaning assigned to it in the Mines Act, 1952,(ii) When used in relation to a coke oven plant, means any person who is the immediate proprietor of … the coking coal mine specified in the second column of the First Schedule. Reliance was also placed on Section 12 for the same purpose. Section 12(1) and Section 12(2) also refer to the owner mentioned in the first

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Jul 07 2003

Employer in Relation to the Management of Central Mine Planning and De ...

Court : Jharkhand

Decided on : Jul-07-2003

Subject : Labour and Industrial

Acts : Service Law; Constitution of India - Article 226; Industries (Development and Regulation) Act, 1951; Industrial Disputes Act, 1947 - Sections 2, 2(F), 2(K) and 10(1); Mines Act, 1952 - Sections 2(J) and 48; Mines Rules - Rules 48, 51 and 77

Reported in : [2003(3)JCR647(Jhr)]

His final argument is that the petitioner cannot be brought within the definition of Section 2(j) of the Mines Act, 1952 because it is not a 'Mine' within the said definition and therefore the Central Government could not have … and Anr. reported in [1997) 2 SCC 296 goes against the petitioner and in favour of the respondents. 12. Mr. P.K. Sinha further placed emphasis on Exhibit W-18 which is at running page 502. It is a

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Mar 06 2003

United India Insurance Company Ltd., Rep. by Its Divisional Manager Vs ...

Court : Andhra Pradesh

Decided on : Mar-06-2003

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2(8), 2(12), 2(14), 46, 58A, 61, 166 and 173; Employees State Insurance Act, 1948 - Sections 53; Workmen's Compensation Act, 1923; Mines Act, 1952

Reported in : 2003(3)ALD627; (2003)IIILLJ403AP

or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (Act No. 35 of 1952) or a railway running shed; Likewise, Section 2(14) of the Act defines insured … he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment'. 12. Likewise, Section 46 of the said Act deals with Benefits. The other relevant provisions under the Act are

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Aug 05 2002

The Regional Director, E.S.i. Corporation Vs. Fact Engineering Works P ...

Court : Kerala

Decided on : Aug-05-2002

Subject : Labour and Industrial

Acts : Companies Act; Employees State Insurance Act - Sections 1(4), 1(5), 2(12), 2(13), 2(17), 40(1), 40(2), 41(1A) and 87; Mines Act, 1952; Factories Act, 1948

Reported in : [2003(97)FLR308]

or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;'9. Section 1(5) of the Act enables the Government after following

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Sep 04 2006

Employees' State Insurance Corporation and Ors. Vs. Krishnaveni Hatmag ...

Court : Mumbai

Decided on : Sep-04-2006

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2, 2(9), 2(12), 2(22), 75 and 82; Maharashtra Co-operative Societies Act, 1960; Mines Act, 1952; Apprentice Act, 1961; Pondicherry Co-operative Societies Act, 1972 - Sections 38

Reported in : [2007(112)FLR898]; (2007)2LLJ182Bom

or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;Sub-section (22) of Section 2 defines 'wages' which reads thus:(22) 'wages' means all remuneration … Referring to one entry on page 39 of the said document he stated that total wages of Rs. 126/- for the month of February 1975 are shown against the name of a particular member. He explained that

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Apr 04 2006

Hotel Neelkamal, Through Its Prop. Shri Kamal Singh Verma, S/O Shri Am ...

Court : Madhya Pradesh

Decided on : Apr-04-2006

Subject : Other Taxes

Acts : Madhya Pradesh Commercial Tax Act, 1994; Madhya Pradesh Hotel Tatha Vas Grihon Me Vilas Vastuon Par Kar Adhiniyam, 1988 - Sections 6; Madhya Pradesh General Sales Tax Act, 1958 - Sections 27(6) and 81; Sales Tax Act - Sections 3, 11A, 16, 17, 18, 19, 19A, 20, 21, 22, 22A, 23, 24, 24A, 26, 27, 29, 30, 31, 33, 33B, 33C, 34, 35, 36, 37, 38, 39, 40, 41, 42, 42A, 43, 44, 45, 45A, 45B, 46, 47, 47A, 48 and 51; Madhya Pradesh General Clauses Act - Sections 8, 8(1) and 13; Customs Act, 1962; Sea Customs Act, 1878; Indian Mines Act, 1923 - Sections 2; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Mines Act, 1952 - Sections 2; Probation Act - Sections 13(2), 18 and 19; Central Excise Act, 1944 - Sections 12; Indian Penal Code (IPC) - Sections 360 and 562; Madhya Pradesh Vanijya Kar Adhin

Reported in : (2007)5VST260(MP)

should be construed as references to the definition of 'owner' in Clause (1) of Section 2 of the Mines Act, 1952, which repealed and re-enacted 1923 Act. Consequently, the references to Section 562 of Old Code in Section 19 … the provisions of the Customs Act, 1962 in the place of Sea Customs Act, 1878 found mentioned in Section 12 of the Central Excise and Salt Act, 1944. In State of Bihar v. S.K. Roy : 1966CriLJ1538 ,

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