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Nov 19 2001

Delhi Transport Corporation Vs. the Presiding Officer, Labour Court No ...

Court : Delhi

Decided on : Nov-19-2001

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 11-A, 17-B and 33-C(1); Delhi Municipal Corporation Act; New Delhi Municipal Council Act, 1994; Industrial Disputes (Appellate Tribunal) Act, 1950; Minimum Wages Act, 1948; Constitution of India - Article 23; Payment of Wages Act, 1936

Reported in : 96(2002)DLT103

4602/2001 in C.W. 4647/200014. Mr. Raj Birbal, learned Senior counsel appearing on behalf of Petitioner, contends that the Minimum Wages Act, 1948 is not applicable to the Petitioner, namely, Bal Bhavan Society India. From a reading of the petition it … been assailed by the Management, the High Court or the Supreme Court should normally give interim relief under Section 17-B of the I.D. Act only at the scale granted by the Labour Court in the impugned Award.

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Sep 18 1982

People's Union for Democratic Rights and Ors. Vs. Union of India (UOi) ...

Court : Supreme Court of India

Decided on : Sep-18-1982

Subject : Constitution

Acts : Constitution of India - Articles 14, 17, 21, 23, 24 and 32; Employment of Children Act, 1938 - Sections 3(3); Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 13 to 19; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 20 and 21; Minimum Wages Act, 1948; Labour Law; Equal Remuneration Act, 1946; Equal Remuneration (Amendment) Act, 1976 - Sections 4

Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)

on which the writ petition was based set out various instances of violations of the provisions of the Minimum Wages Act, 1948, the Equal Remuneration Act 1976, Article 24 of the Constitution, The Employment of Children Act 1970, and the … rests on the Union of India, the Delhi Administration and the Delhi Development Authority is additionally re-inforced by Section 17 of the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979 in so far

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Sep 11 2003

Delhi Administration Through Directorate of Social Welfare Vs. Presidi ...

Court : Delhi

Decided on : Sep-11-2003

Subject : Labour and Industrial

Acts : Industrial Disputes Act - Sections 2, 2(J) and 33C(2); Factories Act - Sections 2 and 86

Reported in : 2003VIAD(Delhi)528; 108(2003)DLT119; (2004)ILLJ910Del; 2003RLR112; 2004(2)SLJ350(Delhi)

them of the benefits of the provisions of the Minimum Wages Act. Sections 17 and 26 of the Minimum Wages Act, 1948 read as follows:'17. Minimum time rate wages for piece work. - Where an employee is employed on piece … Mukul Mudgal, J. 1. This writ petition challenges the order under Section 33-C(2) of the Industrial Disputes Act (hereinafter referred to as 'the Act') proceeding to compute the Minimum Wages

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Sep 01 1997

Hindustan Safety Glass Works Ltd., Bamrauli, Allahabad Vs. State of U. ...

Court : Allahabad

Decided on : Sep-01-1997

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 3, 4, 4(1), 5, 7, 7(1) and (2), 13, 14, 15, 16, and 17; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 2, 20(2) and (4), 26 (3) and 30; Constitution of India - Article 226

Reported in : 1998(1)AWC301

1. Notification dated 4th February, 1992 (Annexure 1 to the writ petition) issued under Section 3 of the Minimum Wages Act. 1948, fixing minimum rate of wages in respect of the employees employed in the units manufacturing miniature bulbs and … sought to be assailed by the petitioner are conditions as postulated in Sections 13, 14, 15, 16 and 17 of the said Act and as such cannot be questioned. He last contends that the rates have been

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Sep 07 2006

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Decided on : Sep-07-2006

Subject : Intellectual Property Rights

Acts : Companies Act, 1956 - Sections 4D, 10A to 10D, 79, 111(4), 237, 397, 398, 399, 399(1), 399(2), 399(3), 399(4), 399(5), 401, 402 and 642; Copyright Act, 1957 - Sections 33; Industrial Disputes Act, 1947 - Sections 10; Code of Civil Procedure (CPC) - Sections 86, 92, 92(1) and 92(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 197; Companies (IInd Amendment) Act, 2003 - Sections 44; Constitution of India - Article 226; Army Act, 1950 - Sections 19; Army Rules, 1954 - Rule 14; Land Acquisition Act - Sections 17(4); Foreign Exchange Regulation Act; Electricity Act, 1910 - Sections 4(1); Border Security Force Act, 1968; Bombay Provincial Municipal Corporation Act, 1949; Minimum Wages Act, 1948 - Sections 5(1); Arbitration and Conciliation Act, 1996 - Sections 11, 11(4),

Reported in : [2008]87SCL51(Delhi)

found that the procedure adopted by the Government in fixing the minimum wage under Section 5(1) of the Minimum Wages Act, 1948 was not vitiated merely on the ground that the government had failed to constitute a committee under Section … questions have arisen for consideration in respect of the scope of power of the appropriate government under Section 17(4) of the Land Acquisition Act. Under Section 17(4) of the Land Acquisition Act, the acquiring authority has been

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Apr 28 2006

Food Craft Instt. Vs. Rameshwar Sharma and anr.

Court : Delhi

Decided on : Apr-28-2006

Subject : Labour and Industrial

Acts : Constitution of India - Articles 14, 23, 136 and 226; Industrial Disputes Act, 1947 - Sections Sections 2, 10(1), 10A, 11A, 12(5), 17A, 17B, 18B, 20(3), 33(C)(1) and 33(C)(2); Code of Civil Procedure (CPC) - Sections 136, 151 and 153; Hindu Adoptions and Maintenance Act - Sections 20; Minimum Wages Act, 1948 - Sections 20; Industrial Employment (Standing Orders) Act, 1946 - Sections 10A; Industrial Disputes (Amendment) Act, 1982 - Sections 17B

Reported in : 134(2006)DLT49; (2007)2LLJ350Del

payable to a workman.25. It has been urged at great length on behalf of the petitioner that the Minimum Wages Act, 1948 is not applicable as its establishment is not scheduled employment for the purposes of the enactment.26. Mr. S.N. … on the facts and circumstances of that case.13. thereforee, in our view only if the payment ordered under Section 17-b is more than the minimum wages, then the amount so paid beyond the minimum wages may be secured

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Apr 25 2006

Hindaloo Indutsties Ltd. Vs. Suman Lata Tuteja and ors.

Court : Delhi

Decided on : Apr-25-2006

Subject : Labour and Industrial

Acts : Industrial Disputes Act - Sections 17B; Constitution of India - Articles 23 and 226; Industrial Disputes (Amendment) Act, 1982 - Sections 17B; Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act; Minimum Wages Act, 1948

Reported in : 129(2006)DLT649; [2006(110)FLR484]; (2006)IIILLJ856Del; 2007(1)SLJ420(Delhi)

how the constitutional validity of the Exemption Act in so far as it excludes the applicability of the Minimum Wages Act, 1948 to the workmen employed in famine relief works can be sustained. Article 23, as pointed out above, mandates … by this application has sought enhancement of the wages which have been directed to paid to her under Section 17-B of the Industrial Disputes Act. It has been submitted by the respondent that by the order dated

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Sep 21 2011

Pix Transmissions Limited Vs. State of Maharashtra and ors.

Court : Mumbai Nagpur

Decided on : Sep-21-2011

Subject : Constitution

Acts : Constitution of India - Article 226, 227, 141; Industrial Disputes Act,1947 - Section 2 (k); Minimum Wages Act, 1948 - Section 2 (h), 4 (1), 25, 11 (1), 27, 3 rw 5; Industrial Disputes Act, - Section 18 (3), 10, 12 (4) and (5) ; Contract Act - Section 23

attention to undisputed facts, Mr V. R. Thakur has pointed out that the minimum wages payable under the Minimum Wages Act, 1948 were revised on 16.4.2007 and thereafter respondent no. 3 made a demand of basic wage and DA accordingly. … demand, the Authority ought to have seen that there was no industrial dispute or dispute as defined in Section 2 (k) of the Industrial Disputes Act,1947. This Court issued notice in writ petition on 28th October 2010 … and that writ petition has been admitted by learned single Judge on 17.6.2009 by directing Conciliation Officer (respondent no.2 herein) to decide the question as

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Aug 11 1994

H.R. Adyanthaya Etc. Etc. Vs. Sandoz (India) Ltd., Etc. Etc.

Court : Supreme Court of India

Decided on : Aug-11-1994

Subject : LAbour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10(1) and 33-C; Sales Promotion Employees (Conditions of Service) Act, 1976 - Sections 1(4) and 2; Army Act, 1950; Air Force Act, 1950; Minimum Wages Act, 1948; Maternity Benefit Act, 1961; Payment of Bonus Act, 1965; Payment of Gratuity Act, 1972; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 17; Constitution of India - Articles 14 and 142; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 3(18); Nevy (Discipline) Act, 1934; Nevy Act, 1957; Dock Workers (Regulation of Employemtn) Act, 1948 - Sections 5-A; Workmen's Compensation Act, 1923 - Sections 6

Reported in : AIR1994SC2608; JT1994(5)SC176; (1995)ILLJ303SC; 1994(3)SCALE816; (1994)5SCC737; [1994]Supp2SCR573; 1994(3)SLJ145(SC); (1995)1UPLBEC173

capacity.Section 6 of that Act made the Workmen Compensation Act, 1923, Industrial Disputes Act, 1947, (the ID Act), Minimum Wages Act, 1948, Maternity Benefit Act, 1961, Payment of Bonus Act, 1965 and Payment of Gratuity Act, 1972, applicable forthwith to … and Sons case (supra) is, also not correct. In that case the Court was considering the question whether Section 17 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 empowered the authorities specified by it

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Dec 05 2001

St. Joseph Educational Society, Kurnool Vs. Government of Andhra Prade ...

Court : Andhra Pradesh

Decided on : Dec-05-2001

Subject : Property

Acts : Andhra Pradesh Town Planning Act, 1920 - Sections 4, 5A, 14, 15, 15(1) and 33; Constitution of India - Article 226; Delhi Municipal Corporation Act, 1957; Minimum Wages Act, 1948 - Sections 25; Workmen's Compensation Act, 1923 - Sections 17

Reported in : 2002(2)ALD53; 2002(2)ALT763

bar of waiver. For instance, Section 17 of the Workmen's Compensation Act, 1923 and Section 25 of the Minimum Wages Act, 1948 prohibit contracting out, i.e., any agreement whereby the rights conferred under these Acts are waived, are deemed to

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