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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 … contribution in respect of employees directly employed by him from out of the wages payable by him. Section 41(1-A) imposes a duty on the part of the immediate employer to maintain registers of employees employed by or
Tag this Judgment! AI Brief & AskBandhua Mukti Morcha Vs. Union of India (Uoi) and ors.
Supreme Court of India
Dec-16-1983
Constitution
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
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. … Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of … 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
Tag this Judgment! AI Brief & AskM.C. Mehta Vs. State of Tamil Nadu and Others
Supreme Court of India
Dec-10-1996
Labour and Industrial
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
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 … cases, the State Government.29. Now, strictly speaking a strong case exists to invoke the aid of an Article 41 of the Constitution regarding the right to work and to give meaning to what has been provided in
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The 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 … had not taken the necessary precautions contemplated under Regulations 38, 39, 40, 41, 43(1), 45 and 91 of the Indian Metalliferous Mines Regulations and had … 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 & AskSudhanshu Gupta, Vs. Airports Authority of India and anr.
Delhi
Apr-30-2003
Service
Airports Authority of India Act, 1994 - Sections 18, 18(1), 18(2), 18(3), 18(5), 18(7), 41, 42, 42(5), 46 and 46(2); International Airport Authority Act, 1971 - Sections 47; National Airport Authority Act, 1985 - Sections 38; Indian Telegraph Act, 1885 - Sections 5 and 5(1); Safety of Civil Aviation Act, 1982; General Clauses Act, 1897 - Sections 2(51), 6, 6(11) and 24; Mines Act, 1923 - Sections 31(4); Mines (Amendment) Act, 1952; Coal Mines Regulations, 1926 - Regulations; ECDA Regulations - 5, 5(1), 5(5), 5(6), 5(9), 5(20), 5(22), 26, 28, 29, 30 and 33; Constitution of India - Articles 31(2), 32, 74(1), 163(1), 226 and 311(2)
2003IVAD(Delhi)743; 105(2003)DLT620; 2003(69)DRJ722; 2004(1)SLJ105(Delhi)
be in force at the relevant date and have to be deemed to be regulations made under the Mines Act, 1952.' 26.Learned senior counsel next referred to the judgment of the Supreme Court in Hasan Nurani Malak v. S.M. … service conditions of the Officers and other employees of the said Authority and rule-making power was provided under Section 41 of the said Act to the Central Government. However, Regulations could be made by the Authority under Section
Tag this Judgment! AI Brief & AskOil and Natural Gas Corpn. Ltd. Vs. Engineering Majdoor Sangh
Gujarat
May-12-2005
Labour and Industrial
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
(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, … system does not result in the concentration of wealth and means of production to the common detriment. Article 41 requires the State within its limitation to make effective provisions for securing the right to work and Article
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 … the employee, he is entitled to recover the amount from the immediate employer, if any, by virtue of Section 41 of the Act. Section 40 of the Act reads as follows:40. Principal employer to pay contribution in the
Tag this Judgment! AI Brief & Askinder Sen Roy Vs. State of Maharashtra
Mumbai
Jul-12-1974
Labour and Industrial
Factories Act 1948 - Sections 2, 6, 7, 92, 93, 94, 100, 100(1), 100(2), 101, 112 and 113
(1975)ILLJ359Bom
occupier for the purpose of Chapter X. 11. In this connection, a reference to S. 76 of the Mines Act, 1952, as it stood before it was substituted by S. 41 of the amending Act No. 62 of 1959, … of any premises or building referred to in S. 93 is not an individual, the provisions of this section shall apply to such owner as they apply to occupiers of factories who are not individuals. We are
Tag this Judgment! AI Brief & AskSteel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...
Supreme Court of India
Aug-30-2001
Labour and IndustrialConstitution
Contract Labour (Regulation and Abolition) Act, 1970 - Sections 1, 2, 2(1), 3(1), 7, 8, 9, 10, 10(1) and (2), 12, 12(1), 16, 17, 18, 19, 20, 21, 21(4), 23, 24 and 25; Industrial Disputes Act, 1947 - Sections 2 and 10; Constitution of India - Articles 12, 14, 16, 23, 32, 38, 39, 41, 42, 43, 43A and 226; Contract Labour (Regulation and Abolition) (Amendment) Act, 1986; Dock Workers (Regulation of Employment) Act, 1948 - Sections 5-A; Companies Act, 1956; Employees' State Insurance Act, 1948 - Sections 3; Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 - Sections 3-A; Employees' Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 5-A and B; Life Insurance Corporation Act, 1956; Deposit Insurance and Credit Guarantee Corporation Act, 1961 - S
AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349
to them in Clause (i), Clause (j) and Clause (c) of Sub-section (1) of Section 2 of the Mines Act 1952 (35 of 1952).74. It contains four parts. Under the first part, the head of any office or department … through a contractor who is not licensed. He laid emphasis upon the Directive Principles contained in Articles 39 41 42 86 43 and urged for interpreting the beneficial legislation like CLRA Act to promote the intention of
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Pramod Gupta (D) by L.Rs. and ors.
Supreme Court of India
Sep-07-2005
PropertyCivil
Land Acquisition Act, 1894 - Sections 4, 4(1), 8, 9, 9(1), 9(3), 10, 15, 15(1), 15(2), 18, 23(1), 25, 25(2), 28, 30, 30(3), 31, 34, 47A, 53 and 54; Punjab Minor Mineral Rules, 1934 - Rules 2, 3, 5 and 7; Constitution of India - Articles 19(1), 31, 31A and 142; Delhi Land Reforms Act, 1954 - Sections 2, 5, 6, 7, 11, 22, 23, 42 and 154; Code of Civil Procedure (CPC) - Order 6, Rules 17 and 18- Order 41, Rules 3 and 27; ;Punjab Land Revenue Act, 1887 - Sections 7, 11, 31, 31(2), 32, 41, 42, 42(1), 42(2), 60C, 61, 154 and 185; ;Government of India Act; ;Mines and Minerals (Development and Regulation) Act, 1948; ;Companies Act, 1956 - Sections 617; ;Mines and Minerals (Regulation and Development) Act, 1957 - Sections 5 to 13, 14, 15, 15(1), 15(2), 18 and 20; Evidence Act, 1872 - Sections
AIR2005SC3708; 2005(4)CTC762; JT2005(8)SC203; (2005)12SCC1; MANU/SC/0549/2005
at the relevant time. The expression 'Mine' having regard to its definition contained in Section 2 of the Mines Act, 1952 is of wide import. In the village in question there may exist one mine for extracting one mineral … the High Court.(vi) Mineral right contained in the land did not vest in the Government in terms of Section 41 of the Punjab Land Revenue Act, 1887 and the said right would be presumed to have vested in
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
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