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Aug 01 2006

South Eastern Coalfields Ltd. Vs. Commissioner, Customs and Central Ex ...

Court : Supreme Court of India

Decided on : Aug-01-2006

Subject : Excise

Acts : Mines Act, 1952 - Sections 2 and 82; Central Excises Act, 1944 - Sections 5A(1) and 11A; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3(3); Factories Act - Sections 2; Central Excise Rules - Rules 9(1), 9(2), 52A, 53, 173B, 173C, 173G, 174 and 226

Reported in : 2006(200)ELT357(SC); JT2006(7)SC121; 2006(7)SCALE464; (2006)6SCC340

collieries. The Central Government declared this workshop as a mine under the provisions of Section 82 of the Mines Act, 1952 under certificate dated 1.5.1969. Section 2(J)(viii) of the Mines Act states that mine includes 'All workshop situated within

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Apr 11 2003

The Kumbakonam Milk Supply Cooperative Society represented by Its Secr ...

Court : Chennai

Decided on : Apr-11-2003

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 1(9), 2(9), 2(12), 75(1) and 82(2); Co-operative Societies Act; Mines Act, 1952; Factories Act, 1948 - Sections 2

Reported in : (2003)IIILLJ416Mad; (2003)2MLJ349

or is ordinarily so carried on, but does not include a mine subject top the operation of the Mines Act, 1952 or a railway running shed;' Section 2(14AA) 'manufacturing process' shall have the meaning assigned to it in the … E.S.I.O.P. No. 33/87 on the file of the District Judge, Thanjavur, has filed the above appeal under Section 82(2) of The Employees' State Insurance Act, 1948. 2. According to the appellant, it is a society registered under

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Dec 21 2005

Amul Potteries Vs. Employees' State Insurance Corporation

Court : Gujarat

Decided on : Dec-21-2005

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 1(4), 2(12), 2(19A), 39(5), 75, 82, 82(2), 85 and 87; Employees' State Insurance (Amendment) Act, 1989; Mines Act, 1952; Employees' State Insurance (General) Regulations, 1950 - Regulation 31A and 31C

Reported in : [2006(110)FLR585]; (2006)IIILLJ615Guj

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;Likewise, by virtue of the very amendment, Section 2, Sub-section (19-A) was introduced to … no jurisdiction to waive the interest or not to award the same.7. In light of provisions contained in Section 82 of the Act, an appeal can be entertained only if it involves a substantial question of law. Therefore,

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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 … the judgment was reserved. Today, the Appeal is kept for dictation of judgment.2. The Appeal is preferred under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the ESI Act). The Appeal will lie

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Jan 15 2003

Director General of Mines and Safety and ors. Vs. D.L.F. Power Ltd.

Court : Jharkhand

Decided on : Jan-15-2003

Subject : Commercial

Acts : Constitution of India - Article 226; Mines Act, 1952 - Sections 2

Reported in : [2003(2)JCR80(Jhr)]

10 of the Letters Patent.4. In course of the judgment the learned Single Judge made a reference to Section 82 of the Mines Act, 1952 by observing that if the Respondents in the writ application disputed the installation … installed by the respondent would come within the definition of 'mine' as occurring in Section 2(j) of the Mines Act, 1952 and thus being covered by the Mines Act, 1952 it be treated as a 'mine' and not a

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Jul 15 2009

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Decided on : Jul-15-2009

Subject : Insurance

Acts : 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

Reported in : (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 … V. Ramkumar, J.1. In this appeal filed under Section 82(2) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act' for short), the Regional

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Dec 31 2004

Indian Airlines Vs. E.S.i. Corporation

Court : Andhra Pradesh

Decided on : Dec-31-2004

Subject : Insurance

Acts : 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

Reported in : 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 … dated 29-7-1993 whereby and whereunder the learned E. I. Court dismissed an appeal filed by the appellant under Section 75 of the Employees' State Insurance Act, 1948 (fore brevity 'the Act').2. The facts are in a narrow … the competent E. I. Court are not maintainable to appeal Under Section 82(2) of the Act. According to the said provision, an appeal shall tie

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Feb 20 2009

Kakinada Municipality Rep. by Its Commissioners Vs. Employees State In ...

Court : Andhra Pradesh

Decided on : Feb-20-2009

Subject : Labour and Industrial

Acts : 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

Reported in : 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 … P.S. Narayana, J.1. Kakinada Municipality, represented by its Commissioner, filed the present civil miscellaneous appeal under Section 82(2) of the Employees State Insurance Act, 1948 (hereinafter in short referred to as 'the Act' for the purpose

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Nov 10 2006

Srinivasa Rice Mill Vs. Employees State Insurance Corporation

Court : Supreme Court of India

Decided on : Nov-10-2006

Subject : Service

Acts : 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

Reported in : [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 … Aggrieved thereby and dissatisfied therewith, appeals were preferred before the High Court purported to be in terms of Section 82 of the Act. The said appeals, by reason of the impugned order, have been dismissed.3. Mr. C. Mukund,

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Sep 03 1991

Neyveli Lignite Corpn. Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Sep-03-1991

Subject : Land Acquisition

Reported in : (1992)(58)ELT76TriDel

contended in this show cause notice that according to Col. X of Clause (j) of Section 2 of Mines Act, 1952, a 'mine' includes premises or part of the premises thereof, in or adjacent to and belonging to a … through issue of a certificate signed by the Secretary to the Govt. under powers conferred on him under Section 82 of the Mines Act. However, he noted that the appellants did not produce the said certificate despite grant

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