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P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

Court : Supreme Court of India

Subject : Labour and IndustrialCompany

Acts : Payment of Wages Act, 1936 - Sections 2, 3, 5, 7, 7A, 15, 15(1), 15(3), 15(4) and 17; Industrial Disputes Act, 1947 - Sections 25O; Madhya Pradesh Industrial Disputes (Amendment) Act, 1983; Madhya Pradesh Industrial Relations Act, 1960 - Sections 9, 36, 61, 64A and 67; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 15; Madhya Pradesh Payment of Wages (Amendment) Act, 1964 - Sections 2 and 3; Factories Act, 1948 - Sections 2, 7(1) and 85(1); Factories (Amendment) Act, 1987; Mines Act, 1952 - Sections 2(1); Plantations Labour Act, 1951 - Sections 2; Indian Railways Act, 1890 - Sections 3; Indian Penal Code (IPC), 1860 - Sections 193, 219, 228 and 405; Employees State Insurance Act, 1948 - Sections 2(17), 40, 85B and 85C; Companies Act, 1956 - Sections 5 and 2

Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)

'mine' has the meaning assigned to it in Clause (j) of Sub-section (1) of Section 2 of the Mines Act, 1952 ( 35 of 1952);(iii) 'plantation' has the meaning assigned to it in Clause (f) of Section 2 of … Section 40.5. The Employees' State Insurance Act does not define the term 'employer' although under Sections 85B and 85C of that Act the term 'employer' is used.10. Therefore, even if we read the definition of 'principal employer'