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Ramchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 1(4), 1(5), 2(12) and 87; Beedi Workers Welfare Fund Act, 1976; Workmen's Compensation Act, 1923 - Sections 4 and 3; Employees' Provident Fund and Misc. Provisions Act, 1952; Employees' State Insurance (Amendment) Act, 1989; Beedi and Cigar Workers (Conditions of Employment) Act, 1966 - Sections 26, 28, 37(3), 38(2), 39, 46, 49, 50, 51, 52(A), 56, 58, 59 and 61; Beedi Workers Welfare Cess Act, 1976; Maternity Benefits Act, 1961; Central Excises Act, 1944; Bidi and Cigar Workers (Regulation of Conditions of Service) Act; Mines Act, 1952; Factories Act, 1948; Industrial Disputes Act, 1947; Maharashtra Workmen Minimum House Rent Allowance Act, 1983; Employees' State Insurance Act, 1941 - Sections 61; Payment of Wages

Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339

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;seasonal factory' means a factory which is exclusively engaged in one or more of … provisions of Employees' State Insurance Act to the petitioner's factory, in particular, and generally to challenge the amended Section 2(12), i.e., definition of 'Factory' and consequential notifications. The prayers read as follows:(i) strike down the impugned Notification … the benefits under the ESI Act, 1948. Moreover by virtue of Section 37(3) of the BCW Act, 1966, the Maternity Benefits Act, 1961 is made

Orissa Oil Industries Limited Vs. Tribal Cooperative Marketing Develop ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 12, 13, 16, 16(2), 16(3), 16(5), 16(6), 34 and 37; Constitution of India - Article 14; United Nations Commission on International Trade Law (UNCITRAL), 1985; Mines Act, 1952; Indian Succession Act, 1925 - Sections 29(2)

Reported in : 2002VIIAD(Delhi)198; 98(2002)DLT659; 2002(65)DRJ682

of 'minerals' which we have already quoted above would indicate that the meaning given to it in the Mines Act, 1952 is to apply here also on the basis of classic principle of Legislation by Reference or Incorporation which … question is raised and determined against the petitioner, neither any appeal would lie there against in terms of Section 37 of the Act nor such a case would by converted by Section 34 thereof.6. The learned counsel would,

State of Maharashtra Vs. Narayan Laxman Thatte and ors.

Court : Mumbai

Subject : CivilProperty

Acts : Bombay Personal Inams Abolition Act, 1952 - Sections 9; Bombay Land Revenue Code, 1879 - Sections 37; Maharashtra Land Revenue Code, 1966 - Sections 20 and 48

Reported in : 1982(1)BomCR52

Inam Abolition Act. Their contention was that the plaintiffs' right over the mines and minerals from the suit land had remained unaffected by virtue of … question arises in this appeal relating to the interpretation of section 9 of the Bombay Personal Inams Abolition Act, 1952 and its effect upon the facts of this case. However, in the ultimate analysis it is found that … legal position in this behalf was the Bombay Land Revenue Code which was enacted in the year 1879. Section 37 of the Bombay Land Revenue Code is relevant in this behalf. Section 37 of the said Code provided

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

Court : Supreme Court of India

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)

and will be in the charge of his father of other adult near male relative.(iv) Section 45 of Mines Act, 1952:(1) No child shall be employed in any mine, nor shall any child be allowed to be present … Workers Child Workers to total workers Slate Mandsaur, 12,000 1,000 8.3 Pencil Madhya Pradesh State Markapur 15,000 app. 3750 25 Andhra Pradesh Diamond Surat, cutting Gujarat 100,000 15,000 15 Agate- Cambay, Gujarat 30,000 not --- cutting known

Oil and Natural Gas Corpn. Ltd. Vs. Engineering Majdoor Sangh

Court : Gujarat

Subject : Labour and Industrial

Acts : Employment Exchange (Compulsory Notification of Vacancies) Act, 1959; Industrial Disputes Act, 1947 - Sections 25F, 25G, 25H, 25K(2), 25M, 25N, 25T, 25U, 33(1) and 33A; Minimum Wages Act; Oil and Natural Gas Commission Act, 1959 - Sections 32; Evidence Act; Mines Act, 1952 - Sections 2(1); Contempt of Courts Act; Oil and Natural Gas Commission (Recruitment and Promotion) Regulations, 1980; Oil and Natural Gas Commission (Recruitment and Promotion) Rules; Constitution of India - Articles 14, 16, 37, 38, 39, 41, 42, 43, 51A, 226 and 227

Reported in : (2005)3GLR2152; (2006)ILLJ587Guj

natural gas and petroleum, will be a 'mine' within the meaning of Section 2 (1) (j) of the Mines Act, 1952 and hence an 'industrial establishment' for the purposes of the I.D.Act. In the facts of the present case, … in that behalf would not be entitled to regularisation. Subedar Singh v. Distt. Judge, Mirzapur [(2001) 1 SCC 37] was relied upon to submit that when the appointment to a post was governed by a set of

Biswanath Prasad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Mines and Minerals (Regulation and Development) Act, 1948 - Sections 5; Coal Mines (Conservation and Safety) Act, 1952 - Sections 17; Coal Mines (Conservation and Safety) Rules, 1954 - Rule 39; Mineral Concession Rules, 1948 - Rules 37 and 48; Constitution of India - Articles 14 and 19

Reported in : AIR1965SC821; 1965(0)BLJR621; [1966(12)FLR11]; [1965]1SCR49

the Union Government could not make this rule under s. 17 of the Coal Mines (Conservation and Safety) Act, 1952 (12 of 1952), and it was this illegal refusal to reopen the mines that resulted in the colliery … The next point that arises out of the pleadings is whether Rules 37 and 48 of the Mineral Concession Rules, 1949, are ultra vires the … subject to the condition of previous publication, make rules to carry out the purposes of this Act.' 9. Section 17(2) gives various specific matters on which rules can be made but none of these covers r. 39.

Sri Tarkeshwar Sio Thakur Jiu Vs. Dar Dass Dey and Co. and ors.

Court : Supreme Court of India

Subject : Property

Acts : West Bengal Estates Acquisition Act, 1953 - Sections 6(1), 27 and 28; Mines Act, 1952 - Sections 2; Transfer of Property Act - Sections 3, 105, 107 and 108; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; Indian Easements Act - Sections 52; General Clauses Act, 1897 - Sections 3(26)

Reported in : AIR1979SC1669; (1979)3SCC106; [1979]3SCR18

Estates Acquisition Act, 1953, Section 3 of Mines and Minerals (Regulation and Development) Act, 1957, Section 2 of Mines Act, 1952, Section 52 of Indian Easement Act, 1882 and Section 3 (26) of General Clauses Act, 1897 - appellant who … B.S. The plaintiffs thereupon issued notice, dated March 31, 1966, terminating the licence and then filed Suit No. 37 of 1960 for ejectment of the respondent in the Court of the Munsif, Second Court, Chandernagore.4. The suit

Union of India (Uoi) Vs. Karam Chand Thapar and Brs. (Coal Sales) Ltd. ...

Court : Supreme Court of India

Subject : Commercial

Acts : Coal Mines (Conservation and Development) Act, 1974 - Sections 4(2), 5(2), 9, 10, 10(2), 12 and 18; Coal Mines (Conservation and Safety) Act, 1952; - Sections 13(3); Coal Mines (Conservations and Safety) Rules, 1954 - Rules 35(2), 36, 37, 40(3) and 49; Code of Civil Procedure (CPC) - Order 8, Rule 6 and 6(1)

Reported in : (SCSuppl)2004(3)CHN144; [2004(2)JCR278(SC)]; JT2004(3)SC286; (2004)3MLJ146(SC); 2004(3)SCALE203; (2004)3SCC504

is empowered to make rules.6. In exercise of the power, conferred by the Coal Mines (Conservation and Safety) Act, 1952 on the Central Government, the Central Government has framed the Coal Mines (Conservations and Safety) Rules 1954. Rule … Mines (Conservation & Development) Act, 1974 came into force on and from April 1, 1975. Clause (j) of Section 3 defines 'stowing' to mean as the operation of filling, with sand or any other material, or with … is required to be undertaken by an order under Rule 36 or 37;(d) for the following measures voluntarily undertaken by the owner agent, or manager

Regional Director Regional Vs. Sesa Goa Ltd.

Court : Mumbai

Subject : Service

Acts : Employees State Insurance Act, 1989 - Sections 45A and 75; Mines Act, 1952

Reported in : 2007(1)ALLMR751; 2007(3)BomCR966; [2007(112)FLR522]; (2007)IILLJ635Bom

has further averred that the Act is primarily applicable to the factories' and 'Mine' as defined under the Mines Act, 1952, as well as its allied and incidental activity is outside the purview of the ESI Act. Inspite of … reference to the provisions of Section 34 of the 1996 Act. So far as an appeal filed under Section 37 of the 1996 Act is concerned, perusal of Section 37 shows that an appeal is provided to the

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1998)(62)ECC631

effect as if enacted in the Act. The Mines Act 1923 was repealed by Section 88 of the Mines Act 1952. The question for consideration was whether the Mines Regulations 1926 framed under Section 29 of the Mines Act … (b) Saurashtra Cement and Chemical Industries Ltd. v. U.O.I. Full Bench. (4) Under the Rule making power of Section 37(2)(1b), the Rules could be made in particular for the assessment and collection of duties. The provisions relating to