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Fatik Chandra Dutta Vs. Bharat Coking Coal Ltd. and ors.
Jharkhand
Jan-13-2005
ServiceConstitution
Service Law; Mines Act, 1952 - Sections 40; Constitution of India - Article 226; Mines (Amendment) Act, 1983
2005(1)BLJR298; [2005(105)FLR200]; [2005(1)JCR411(Jhr)]
of 40 years of service.12. So far as this petitioner is con cerned, he is guided by the Mines Act, 1952. Prior to 1983 there was a prohibition of employment of adolescent, who had not completed his 16 years … 31st May, 1984, the employment of persons, below 18 years of age, was prohibited. Pre-amendment, relevant portion of Section 40 of the Mines Act, 1952 is quoted hereunder :'40. Employment of adolescent-(1) No adolescent shall be allowed to
Tag this Judgment! AI Brief & AskBisram Arak Vs. Eastern Coalfields Ltd. and ors.
Kolkata
Jan-05-2006
Service
Payment of Gratuity Act, 1972; ;Indian Contract Act, 1872 - Sections 10 and 11; ;Mines Act, 1952 - Section 40; ;Industrial Employment (Standing Orders) Act, 1946
(2006)2CALLT59(HC),[2006(109)FLR1166],(2007)IILLJ40Cal
be considered for determining the amount payable to him on account of gratuity.7. He refers me to the Mines Act, 1952, Section 40, and says that having not reached the age of 18, the petitioner was not eligible to be appointed
Tag this Judgment! AI Brief & AskTata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...
Mumbai
Nov-20-1979
Contract
Sale of Goods Act, 1930 - Sections 4; Coal Mines (Nationalisation) Act, 1973 - Sections 3(1); Indian Contract Act, 1872 - Sections 73; Coal Mines (Taking over of Management) Ordinance, 1973; Code of Civil Procedure (CPC), 1908 - Order 8, Rule 5 and 5(2) - Order 40, Rule 1; Mines Act, 1952 - Sections 2(1)(1), 3, 4, 7, 8, 10, 11, 26 and 29; Coal Mines (Conservation, Safety and Development) Act, 1952; Coking Coal Mines (Nationalisation) Act, 1972; Sick Textile Undertakings (Nationalisation) Act, 1974
AIR1980Bom168
also referred to the definition of the word 'owner' as defined in Section 2 (1) (1) of the Mines Act, 1952, and submitted that the word 'owner' is not used as owner of the articles under the definition of … the nature of appointment of a receiver of the said three vehicles with all necessary powers under Order 40, Rule 1 of Civil Procedure Code and injunction.5. On behalf of defendants Nos, 1, 2, and 3, Messrs.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The Regional Director, E.S.i. Corporation Vs. Fact Engineering Works P ...
Kerala
Aug-05-2002
Labour and Industrial
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
[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 … execution or work on the premises of a factory or an establishment to which the Act applies. Section 40(1) of the E.S.I. Act imposes on the 'principal employer' the duty to pay contribution in respect of every
Tag this Judgment! AI Brief & AskKovuri Rajalingam Vs. Singareni Collieries Company Ltd. and ors.
Andhra Pradesh
Mar-24-2009
Service
Mines Act, 1952 - Sections 40; Mines Rules; Mines Regulations; Mines (Amendment) Act, 1983; Apprentices Act, 1961 - Sections 2, 43
2009(5)ALT480
Board for assessing his age.8. Learned Standing Counsel appearing for the respondents Company submits that as per the Mines Act, 1952, no person below 18 years of age shall be allowed to work in any mine or part thereof … no person below 18 years of age shall be allowed to work in any mine or part thereof. Section 40 of the Mines Act, reads as hereunder:40. Employment of persons below eighteen years of age:- (1) after the
Tag this Judgment! AI Brief & AskTransport 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, … the appellant's establishment. It is this contention which falls for consideration in the light of the statutory scheme. Section 40 in Chapter-IV deals with the primary liability of principal employer to pay contribution in the first instance. Sub-section
Tag this Judgment! AI Brief & AskHotel Neelkamal, Through Its Prop. Shri Kamal Singh Verma, S/O Shri Am ...
Madhya Pradesh
Apr-04-2006
Other Taxes
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
(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 … 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 of the Sales Tax
Tag this Judgment! AI Brief & AskKakinada Municipality Rep. by Its Commissioners Vs. Employees State In ...
Andhra Pradesh
Feb-20-2009
Labour and Industrial
Employees State Insurance Act, 1948 - Sections 1(4), 2(9), 2(12), 39, 40, 45, 45(1), 45A, 74, 74(1), 74(4), 75, 75(1), 75(2B), 82, 82(2), 87, 88 and 90; Andhra Pradesh Municipalities Act, 1965; Andhra Pradesh (Andhra Area) District Municipalities Act, 1920; Factories Act, 1948 - Sections 2; Wage Ceiling Act, 1923; Maternity Act; Fatal Accidents Act; Mines Act, 1952; Andhra Pradesh Ministerial Municipal Subordinate Service Rules; Employees State Insurance (Amendment) Act, 1966 - Sections 32; Andhra Pradesh (Classification Control and Appeal) Rules; Employees State Insurance (General) Regulations, 1950 - Regulation 31; Employees State Insurance (General) Rules, 1950 - Rules 31 and 50; Constitution of India - Article 226
2009(3)ALT623; (2010)ILLJ407AP
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;29. Section 75 of the Act deals with matters … covered under Section 2(12) of the Act, is required to pay contributions in accordance with the provisions of Section 40 of the Act within time limit prescribed under Regulation 31 of ESI (General) Regulation, 1950. Hence, the action
Tag this Judgment! AI Brief & AskState Through S.P., New Delhi Vs. Ratan Lal Arora
Supreme Court of India
Apr-26-2004
Criminal
Prevention of Corruption Act, 1988 - Sections 1(3), 7, 13, 13(1), 13(2), 19, 28 and 40; Code of Criminal Procedure (CrPC) , 1973 - Sections 360; Prevention of Corruption Act, 1947 - Sections 5(2); Probation of Offenders Act, 1958 - Sections 18 and 19; General Clauses Act, 1897 - Sections 8; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1898 - Sections 562; Reformatory Schools Act, 1897 - Sections 31; Customs Act, 1962; Customs Act, 1878; Central Excise Act, 1944 - Sections 12; Indian Mines Act, 1923 - Sections 2; Indian Mines Act, 1952 - Sections 2; Defence of India Rules - Rule 126P(2); Defence of India Act, 1962 - Sections 43; Coal Mines Provident Fund and Bonus Schemes Act, 1948
AIR2004SC2364; 2004(1)ALD(Cri)1011; (2005)1CALLT24(SC); 2004CriLJ2105; 111(2004)DLT250(SC); JT2004(5)SC352; 2004(5)SCALE67; (2004)4SCC590; 2004(3)SLJ331(SC)
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 … for 20 months and a fine of Rs. 2,000/- with default stipulation for offence under Section 7 and 40 months and a fine of Rs. 2,000/- with default stipulation for the offence punishable under Section 13(2) of
Tag this Judgment! AI Brief & AskTata Projects Limited Vs. Employees State Insurance Corporation and an ...
Andhra Pradesh
Jul-06-2005
Service
Employees State Insurance Act, 1948 - Sections 17(4), 32(2), 39, 40, 41, 41(1), 45, 75, 76, 77 and 77(1); Andra Pradesh Shops and Establishments Act - Sections 1(5), 2(12), 44, 45A, 45B, 77, 77(1), 77(1A), 96 and 97; Mines Act, 1952
2005(5)ALD791; 2005(5)ALT502
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;)Therefore, it is clear that the petitioner establishment is … with effect from 01-10-1983. As per the provisions of Sections 39 and 40 of the Act, the petitioner is liable to pay contributions in respect … of 'shop' as per the notification of Government of A.P., or within the meaning of 'factory' as per Section 2(12) of the Employees State Insurance Act (hereinafter referred to as 'the Act'). Therefore, the provisions of the
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