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May 09 1996

Union of India Vs. A.B. Shah and Others

Court : Supreme Court of India

Decided on : May-09-1996

Subject : Criminal

Acts : Mines Act, 1952 - Sections 22, 72, 73 and 79; Coal Mines Regulations, 1957 - Regulation 100(1); Consumers Protection Act, 1986 - Sections 2

Reported in : AIR1996SC3281; 1996(2)ALD(Cri)15; 1996(2)Crimes181(SC); JT1996(5)SC128; 1996(4)SCALE307; (1996)8SCC540; [1996]Supp2SCR620

subordinate legislation thereunder. Shri Bobde pointed out instances of provisions for making of such orders by reference to Section 22 and 72(b) of the Mines Act, 1952 and to Regulations Nos. 65, 101, 103 and 128 of the … Bench), this appeal is filed by special leave.2. The appellant preferred a complaint under Section 73 of the Mines Act 1952 (hereinafter referred to as 'the Act') read with Regulation No. 100(1) of the Coal Mines Regulations 1957 (hereinafter

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Aug 14 1980

New Satgram Engineering Works and anr. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Decided on : Aug-14-1980

Subject : Constitution

Acts : Coal Mines (Nationalisation) Act, 1973 - Sections 2, 3(1), 7, 8, 9, 9(1), 17(1), 18, 18(1), 18(2), 18(3), 18(4), 18(5), 19, 19(1), 19(2), 19(3), 19(4), 19(6), 19(7), 20 to 27; Coking Coal Mines (Nationalisation) Act, 1972 - Sections 22(3); Coal Mines Nationalisation Laws (Amendment) Act, 1978; Coal Mines (Taking over of Management) Act, 1973; Coal Mines (Taking over of Management) Ordinance, 1973; Constitution of India - Article 32 and 226; Coal Mines (Conservation, Safety and Development) Act, 1952 - Sections 4; Industries (Development and Regulation) Act, 1951; Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948 - Sections 3C, 20(3), 21, 22, 23, 24, 24-A, 25, 26, 26(1) and 26(5); Workmen's Compensation Act, 1923; Constitution of India (Thirty ninth Amendment) Ac

Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406

incumbrances. Parliament instead of providing that the word 'mine' shall have the meaning assigned to it in the Mines Act, 1952 has given an enlarged definition of 'mine' in Section 2(h) so that not merely the colliery but everything … 23. Section 21 provides for priority of claims in relation to arrears of Provident Fund, Pension, Gratuity, etc.36. Section 22 provides for priority of certain debts in relation to every other claim, viz. (a) all sums due to

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Nov 07 1988

Ram Chander Vs. Union of India and anr.

Court : Delhi

Decided on : Nov-07-1988

Subject : Civil

Acts : Mines & Minerals (Regulation & Development) Act, 1957 - Sections 22(3)

Reported in : 38(1989)DLT402; 1989(16)DRJ159

to get the land demarcated properly but without any success. The petitioner has made reference to provisions of Mines Act, 1952, to show that no proper inspection has been made. On the basis of inspection carried on September 3, … The petitioner has made reference to an order made on March 23, 1984, by the said Director under Section 22(3) of the Mines Act prohibiting employment of any labour in the said dangerous mines. It is alleged

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Mar 23 1965

State of Maharashtra Vs. Mohanlal Devichand Shah

Court : Supreme Court of India

Decided on : Mar-23-1965

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 18, 22 and 22A; Minimum Wages (Central) Rules, 1950; Mines Act, 1952 - Sections 2; Mines and Minerals (Regulation and Development) Act, 1957; Mines Act, 1923

Reported in : AIR1966SC189; 1966CriLJ176; [1965(11)FLR108]; (1965)IILLJ157SC; 1965MhLJ857(SC); [1965]3SCR461

Learned counsel for the appellant has drawn our attention to the definition of the word 'mine' in the Mines Act, 1952 (XXXV of 1952), and the Mines and Minerals (Regulation and Development) Act, 1957 (LXVII of 1957). Section 2(j) … divided into two parts, and Part I contains entry 8 - Employment in stone breaking or stone crushing. Section 22 prescribes the penalties for certain offences and s. 22A provides that 'any employer who contravenes any provisions of

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Aug 07 1980

industrial Supplies Pvt. Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Decided on : Aug-07-1980

Subject : Contract

Acts : Coking Coal Mines (Nationalisation) Act, 1972 - Sections 3, 4(1), 20(1), 22(3), 22(4) and 26(2); Coal Mines (Conservation, Safety and Development) Act, 1952 - Sections 2(1), 4 and 4(1); Income Tax Act, 1961 - Sections 226(3); Coking Coal Mines (Emergency Provisions) Ordinance, 1971; Coking Coal Mines (Emergency Provisions) Act, 1971 - Sections 2; Coal Mines (Conservation and Safety) Rules, 1952 - Rules 49 and 54

Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)

the term 'owner' as defined in Section 3(n) of the Nationalisation Act read with Section 2(1) of the Mines Act, 1952 and that as such the various machinery, plants, equipment and other fixed assets, current assets and movables belonging … appointed day, can be realised by the Central Government by virtue of their powers under Sub-section (3) of Section 22 of the Nationalisation Act, to the exclusion of all other persons including such contractor and applied under Sub-section

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Apr 08 1987

Joint Director of Mines Safety Vs. Tandur and Nayandgi Stone Quarries ...

Court : Supreme Court of India

Decided on : Apr-08-1987

Subject : Commercial

Acts : Mines Act, 1952 - Sections 3(1), 17 and 22

Reported in : AIR1987SC1253; JT1987(2)SC153; 1987(1)SCALE813; (1987)3SCC208; [1987]2SCR800; 1987(1)LC751(SC)

(b) of Sub-clause (ii) of the proviso to Clause (b) of Sub-section (1) of Section 3 of the Mines Act, 1952 as being conjunctive.2. In the present case, admittedly the respondents are engaged in working an open cast mine. … the provisions of the Act. The Inspector was therefore well within his powers to serve a notice under Section 22 read with Section 17 of the Act calling upon the respondents to appoint a qualified Manager for the

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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

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Apr 27 2009

Khalid A. Hakim Vs. Assistant Commissioner of Labour, Authority Under ...

Court : Gujarat

Decided on : Apr-27-2009

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 2, 2(1), 8, 12, 14, 15, 16, 17, 18, 21, 22 and 52(2); Factories Act, 1948; Mines Act, 1952 - Sections 2(1); Industrial Disputes Act, 1947; Constitution (Forty-second Amendment) Act, 1976; Code of Civil Procedure (CPC) - Sections 20; Constitution of India - Article 226, 226(2)

Reported in : (2009)3GLR2065

to them in Clause (j). Clause (1) and Clause (c) of Sub-section (1) of Section 2 of the Mines Act, 1952.4.1. In view of the controversy raised in the present petition, it is also relevant to take into … of Wages Act, 1936.'4.5. Another relevant provision, for the purpose of present petition, is to be found under Section 22 of 1979 Act which reads thus:Provisions, regarding industrial disputes in relation to Inter-State migrant workmen : (1) Notwithstanding

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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. … abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people. But, unfortunately, as subsequent events have shown and that is borne out also by the … court for relief under Article 32 and a fortiorari, also under Article 226, so that the fundamental rights may become meaningful not only for the

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Feb 24 1998

Indian Railway Construction Co. Ltd. and Another Vs. Lal Mohammad and ...

Court : Allahabad

Decided on : Feb-24-1998

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 25F, 25FFA(1), 25FFF, 25FFF(2) and (3), 25K, 25L, 25N, 25N(1) and (2), 25-O(1), 25R; Factories Act, 1948 - Sections 2, 6, 7 and 112; Uttar Pradesh Factories Rules, 1950 - Rules 3, 7 and 9; I.R.C.O.N. Recruitment Rules, 1979 - Rules 6, 6.4, 8, 12, 12(2), 13, 22, 30 and 30A; Mines Act, 1952; Government of India Act, 1935 - Sections 241(2)

Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578

is ordinarily so carried on : but does not Include a mine subject to the operation of (the Mines Act, 1952 (XXXV of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running … is maintained in respect of persons appointed on regular basis. In para 22, it is averred that the work undertaken had been entirely completed and … project of I.R.C.O.N. 2. You are, therefore, rendered surplus at the said Project. Retrenchment benefits in accordance with Section 25F(a) and (b) of the I. D. Act, 1947 are enclosed as per the details given below :

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