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Transport Corporation of India Vs. Employees' State Insurance Corpn. a ...
Supreme Court of India
Nov-05-1999
Labour and Industrial
Employees State Insurance Act, 1948 - Sections 1(5), 2(9), 2(13), 2(17), 3, 15-A, 38, 39, 40, 45-A, 46, 49, 50, 51 and 97; Indian Companies Act, 1956; Mines Act, 1952
AIR2000SC238; JT1999(9)SC12; (2000)ILLJ1SC; (2000)1MLJ128(SC); 2000(2)MPHT295; 1999(7)SCALE63; (2000)1SCC332; [1999]Supp4SCR393; 2000(1)LC287(SC); (2000)1UPLBEC1
power 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;As noted earlier, the Act, which is a Central Act having all India operation, … made in this behalf.The other relevant Section is found in Chapter-IV of the Act which deals with Contributions. Section 38 of Chapter IV lays down as follows:38. All employees to be insured. Subject to the provisions of the
Tag this Judgment! AI Brief & AskThe State of Mysore Vs. P.C. Sarangapani Mudaliar and ors.
Karnataka
Jul-08-1958
PropertyConstitution
Indian Mines Act, 1952 - Sections 74; ;Indian Metalliferous Mines Regulations, 1926 - Regulations 38, 39, 40, 41, 43(1), 45 and 91; General Clauses Act - Sections 24
AIR1960Mys245; 1960CriLJ1227
was somewhat different. That case arose out of certain prosecutions under Ss. 73 and 66 of the Indian Mines Act, 1952 and there the point was raised that the rules and regulations framed under the old Act were no … offences punishable under Regulations 38, 39, 40, 43(1) and 45 of the Indian Metalliferous Mines Regulations read with Section 74 of the Indian Mines Act of 1952.All the respondents pleaded not guilty to the several charges when
Tag this Judgment! AI Brief & AskIndian Airlines Vs. E.S.i. Corporation
Andhra Pradesh
Dec-31-2004
Insurance
Employees' State Insurance Act, 1948 - Sections 1, 1(5), 2, 2(12), 2(14AA), 38, 39, 75 and 82(2); Factories Act, 1948; Mines Act, 1952; Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Employees' State Insurance (Central) Rules, 1950
2005(2)ALT598; [2005(106)FLR457]; (2005)IILLJ725AP
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;) [(14-AA) 'manufacturing process' shall have the meaning assigned … process' shall have the meaning assigned to it in the Factories Act, 1948 (Act No. 63 of 1948);]9. Section 38 contains the declaration that all employees of any factory or an establishment to which Employees' State Insurance Act
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ramchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.
Mumbai
May-02-2006
Labour and Industrial
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
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 … No. 32 of 1966 provides for the application of the Maternity Benefits Act to every establishment, including home workers.Section 38(2) rather puts a bar on the application of E.S.I. Act, 1948, to the Bidi industry. Sub-section (2) of
Tag this Judgment! AI Brief & AskCoal Mines Officers Association of India and Others Vs. Union of India ...
Kolkata
Mar-21-1995
ConstitutionCriminal
Mines Act, 1952 - Sections 4-5, 6, 8, 8B, 8C, 23, 23(1), 24 and 24(1) and (2) - Schedule - Article 24;; Constitution of India - Articles 14, 20 and 20(2) and (3);; Indian Penal Code (IPC), 1860 - Sections 120B, 179 and 304;; Code of Civil Procedure (CPC), 1908 - Order 16, Rule 10;; General Clauses Act, 1897 - Section 3(38);; Evidence Act, 1872 - Section 145;; Code of Criminal Procedure (CrPC) , 1973 - Sections 94, 342-A and 401 - Schedule - Articles 136, 161 and 226;; Sea Customs Act, 1878 - Sections 111 and 112;; Foreign Exchange Regulation Act;; Public Servants (Inquiries) Act, 1850;; Mines Rules, 1952 - Rule 5(4)
AIR1996Cal28,100CWN197
issued by the Central Government in exercise of its power conferred upon it under Section 24(1) of the Mines Act, 1952 (hereinafter referred to as 'the said Act').2. The fact of the matter lies in a very narrow compass.The
Tag this Judgment! AI Brief & AskNew Karpagam Hotel, Represented by Its Proprietor Poovai K.S. Ambikapa ...
Chennai
Jul-22-2005
Labour and Industrial
Employees State Insurance Act, 1948 - Sections 1(3), 1(4), 1(5), 2, 2(12), 2(9) and 38; Employees State Insurance (Amendment) Act, 1989 - Sections 1(5) and 2(12); ;Mines Act, 1952; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 2; Delhi Special Police Establishment Act; CBI (Senior Police Posts) Recruitment Rules, 1996; Central Vigilance Commission Ordinance
[2006(108)FLR23]; (2005)4MLJ169
of power or is ordinarily so carried on but excluding a mine subject to the operation of the Mines Act, 1952 (Central Act 35 of 1952), or a railway running shed or an establishment which is exclusively engaged in … a Division of the Bombay High Court had to decide how the words 'employees in the factories' in Section 38 of the Act should be construed. They came to the conclusion that the said words must be so
Tag this Judgment! AI Brief & AskEmployees' State Insurance Corporation and Ors. Vs. Krishnaveni Hatmag ...
Mumbai
Sep-04-2006
Labour and Industrial
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
[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 … succession and it is legally independent of its members who constitute the society. This is made clear by Section 38 of the Pondicherry Co-operative Societies Act, 1972. Once the society is independent of its members and has a
Tag this Judgment! AI Brief & AskRegional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...
Kerala
Jul-15-2009
Insurance
Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 1(5), 1(6), 2, 2A, 2(9), 2(12), 2(13), 2(22), 38, 39, 40, 41, 44, 45, 45A, 45A(2), 45B, 45C to 45I, 75 to 77, 82(2) and 85; Evidence Act - Sections 101 and 102; Apprentice Act, 1961; Mines Act, 1952; Factories Act, 1948 - Sections 2; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 2; Employees' State Insurance (Amendment) Act, 1989; Reserve bank of India Act, 1934; Kerala Industrial Establishment Act, 1958; The Employees' State Insurance (General) Regulations, 1950 - Regulations 10B, 11, 12 and 29 to 40
(2010)ILLJ279Ker
power 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;The above definition shows that in the case of a premises … on the death of insured person at the prescribed rate of Rs. 1,500 (Rs. 2,500 w.e.f. October 1, 2001).Section 38 of the Act provides as follows:38. All employees to be insured: Subject to the provisions of this Act,
Tag this Judgment! AI Brief & AskM/S. Kenchamba Service Station, B.M. Road, Hassan Vs. Union of India a ...
Karnataka
Jan-06-1999
Labour and Industrial
Employees' State Insurance Act, 1948 - Sections 1(4), 2(12), 38 and 75; Constitution of India - Article 226; Mines Act, 1952
[2000(84)FLR52]; ILR1999KAR1297; 1999(3)KarLJ260; (1999)IILLJ374Kant
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'.8. By Section 1(5) of the Act the State Government is … legislature itself has made a distinction between a Factory and an Establishment, is clear by a reading of Section 38. A Factory is denned under Section 2(12) of the Act (prior to amendment) whereunder manufacturing process is carried
Tag this Judgment! AI Brief & AskSrinivasa Rice Mill Vs. Employees State Insurance Corporation
Supreme Court of India
Nov-10-2006
Service
Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 2(4), 2(9), 2(12), 2(22), 38 to 45, 75(1), 76, 77, 78, 79, 81 82 and 85; Employees' State Insurance (General) Regulations, 1950 - Regulation 10B; ;Mines Act, 1952; Mines Act, 1952; Apprentices Act, 1961
[2007(112)FLR233]; JT2006(10)SC305; 2006(11)SCALE694; 2006(2)LC1485(SC)
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;'Employee' and 'wages' have been defined in Sections 2(9) and (22)2 … defray special expenses entailed on him by the nature of his employment; or(d) any gratuity payable on discharge; Section 38 occurring in Chapter IV of the Act provides that all employees are to be insured in the manner
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