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Apr 16 2009

Partha Ghosh (Chartered Accountant of Mumbai Inhabitant) and D.V.P. Ra ...

Court : Mumbai

Decided on : Apr-16-2009

Subject : Civil

Acts : Chartered Accountants Act, 1949 - Sections 4, 6(1), 8, 19, 20, 21, 21(1), 21(2), 21(3), 21(4), 21(5), 21(8), 22A and 30; Motor Vehicles Act, 1939; Gujarat Panchayata Act, 1962 - Sections 303A; Minimum Wages Act, 1948 - Sections 5(1); Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908; Chartered Accountants Regulations, 1988 - Regulations 12 to 18, 20, 20(1), 20(2) and 22

Reported in : 2009(3)BomCR610; 2009(111)BomLR1874

that the procedure adopted by the government in fixing a 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 … 2003 of the RBI. It was stated that the matter should be treated as an information case under Section 21 of the Act. Vide letter dated 5th January, 2007, Price Waterhouse & Co., the Firm, submitted to Respondent

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Aug 30 2006

Kay Kay Embroideries Pvt. Ltd. Vs. Cloth Markets and Shops Board and o ...

Court : Mumbai

Decided on : Aug-30-2006

Subject : Labour and Industrial

Acts : Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 - Sections 2, 2(3), 2(4), 2(9), 2(11), 2(12), 3, 3(1), 3(2), 4, 18, 19, 20, 21, 22, 25F and 170B; Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 2; Factories Act, 1948; Employees State Insurance Act, 1948; Minimum Wages Act, 1948; Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Payment of Bonus Act, 1965; Maharashtra Factories Rules, 1963; Bombay Shops and Establishments Act, 1923; Security Guards Act; Workmen's Compensation Act, 1923; Payment of Wages Act, 1936; Maternity Benefit Act, 1961; Payment of Gratuity Act, 1972; Employees Provident Funds and Family Pension Act, 1952; Contract Labour (Regulation and Abo

Reported in : 2006(6)ALLMR5; 2006(6)BomCR739; [2007(112)FLR273]; (2007)ILLJ865Bom; 2006(6)MhLj377

(2) Industrial Disputes Act, 1947, (3) The Factories Act, 1948, (4) The Employees State Insurance Act, 1948, (5) Minimum Wages Act, 1948, (6) The Employees' Provident Funds and Miscellaneous Provisions Act, 1952, (7) The Payment of Bonus Act, 1965 and … and as such they are not coverable under the Mathadi Act has no substance because the provisions of Section 21 of the Mathadi Act takes care of such a contingency and this also indicates that the State Government

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Dec 29 2004

All India Crochet Lace Exporters Asscociation, Rep. by Its General Sec ...

Court : Andhra Pradesh

Decided on : Dec-29-2004

Subject : Labour and Industrial

Acts : Andhra Pradesh Shops and Establishments Act, 1988 - Sections 2, 2(5), 2(9), 2(10), 2(11), 2(18), 2(19), 2(21), 2(23), 3, 3(1), 4, 26(3), 37, 41, 64(4), 71(1) and 73(4); Minimum Wages Act, 1948; Andhra Pradesh Labour Welfare Fund Act, 1987; Factories Act, 1948 - Sections 2(1) and 7(1); Industrial Disputes Act, 1947 - Sections 2; Andhra Pradesh Labour Welfare Fund Rules, 1988; Madras Shops and Establishments Act - Sections 2(16)

Reported in : 2005(2)ALD409; 2005(3)ALT737; (2005)IILLJ781AP

'employee' of such purchaser within the meaning of any of The A.P. Shops and Establishments Act, 1988, The Minimum Wages Act, 1948 or the A.P.Labour Welfare Fund Act, 1987 having regard to the special nature of service of exporters such … Act specifies that 'factory' means factory within the meaning of the Factories Act, 1948 (Central Act 63 of 1948). Section 2(18) of the Act defines 'register of establishment' as hereunder :'register of establishment means a register maintained for

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Jan 24 2006

Steel Authority of India Limited and anr. Vs. Authority Under the Mini ...

Court : Madhya Pradesh

Decided on : Jan-24-2006

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 20; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 10 and 21(4); Industrial Disputes Act, 1947 - Sections 10; Contract Labour (Regulation and Abolition) Service Rules, 1971

Reported in : [2006(111)FLR774]; 2006(3)MPLJ417

against the order dated December 2, 2003 passed in Claim Case No. MWA-169/1998 by the authority under the Minimum Wages Act, 1948 whereby he has allowed the claim of Rupees 45,16,84,280.00 along with five times compensation amounting to Rupees 225,84,21,400.00; … referred to as 'the Act, 1948').3. The Government of India issued a notification dated March 17, 1993 under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act, 1970') prohibiting

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Feb 03 1997

Surya Rau V. V., E.D. Nocil and Others Vs. Surendra Ramkrishna Tendulk ...

Court : Mumbai

Decided on : Feb-03-1997

Subject : Labour and Industrial

Acts : Contract Labour Act - Sections 7, 18, 21, 21(4), 27, 29 and 30; Factories Act, 1948 - Sections 7(1) and 18; Minimum Wages Act, 1948 - Sections 2, 18, 18(1), 18(2), 18(3), 19, 19(4), 20, 21, 22, 22A, 22B, 22C, 22C(1), 22C(2), 22D, 26 and 27

Reported in : 1997BomCR(Cri)505; (1998)ILLJ629Bom; 1998(3)MhLj281

Judicial Magistrate, Thane. The offences alleged against the petitioner are under Sections 18(1), 18(3), 18(2), 19(4) of the Minimum Wages Act, 1948 read with Rules 27(1), 27(2), 22 and 28 of the Maharashtra Minimum Wages Rules, 1963. Apart from the … who is defined under Section 2(g) and the Contractor as defined under Section 2(c) of the Act. Under Section 21 of the Act, the duty to pay wages of the contract workers in the first instance is on

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Mar 14 1991

Gurdev Singh and ors. Etc. Vs. State of Himachal Pradesh and ors. Overruled

Court : Himachal Pradesh

Decided on : Mar-14-1991

Subject : CriminalLabour and Industrial

Acts : Constitution of India - Articles 21, 23, 43 and 226; ;Prisons Act, 1894 - Sections 33 and 35; ;Minimum Wages Act, 1948 - Sections 3 and 22; ;Indian Penal Code (IPC), 1860 - Section 53

Reported in : AIR1992HP70,1992CriLJ2542

that the State Government is not paying even the minimum wages, fixed by the State Government under the Minimum Wages Act, 1948 and notified on 26-1-1990, to the prisoners. Payment of minimum wages, as already noticed above, is a mandatory … among other things, justice, equality and the dignity of the individuals. Article 21 is the repository of human values, prescribes fair procedure and forbids arbitrariness, … to strike only at certain forms of forced labour leaving it open to the socially or economically powerful sections of the community to exploit the poor and weaker sactions by resorting to other forms of forced labour.

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Mar 11 1985

Verkey and Co. Vs. Regional Labour Commissioner

Court : Karnataka

Decided on : Mar-11-1985

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 21; Contract Labour (Regulation and Abolition) Rules, 1971 - Rule 25(2)

Reported in : ILR1985KAR3359

wages payable to the workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948 (11 of 1948), for such employment where applicable and where the rates have been fixed by agreement, settlement … (Regulation and Abolition) Karnataka Rules, 1971 framed by the State Government alone would govern the industry of the Company.Section 21 on which strong reliance was placed by the Learned Counsel for the Respondents read:'21. Responsibility for payment of

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Dec 12 1997

Naranji Peraji Transport Co. Vs. Ramnikbhai B. Waghela

Court : Gujarat

Decided on : Dec-12-1997

Subject : Labour and Industrial

Acts : Motor Transport Workers Act, 1961 - Sections 25 and 37; Industrial Disputes Act, 1947 - Sections 2, 25, 26, 33C(1), 33C(2) and 37; Minimum Wages Act, 1948 - Sections 21; Payment of Wages Act, 1936

Reported in : (1998)2GLR984

entertain an application under Section 33-C(2) of the Act was questioned on the ground that the remedy under Section 21 of the Minimum Wages Act, 1948 was available to the workman. The Court negatived the contention and held … maintainability of the recovery application made by the workman and contended that the workman should have approached the Minimum Wages Act, 1948 or the Payment of Wages Act, 1936. He has submitted that though the said contention was rejected by

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Nov 15 1961

Bidi, Bidi Leaves and Tobacco Merchants' Association Vs. the State of ...

Court : Mumbai

Decided on : Nov-15-1961

Subject : Labour and Industrial

Reported in : (1962)64BOMLR375

by Sub-section (2) of section 5 read with clause (b) of Sub-section (1) of that section of the Minimum Wages Act, 1948, (XI of 1948) and after consulting the Advisory Board and in supersession of the former Government of Madhya … claims specified therein. The remaining sub-sections of the said section prescribe the procedure for determining such claims. Under Section 21 a single application can be made in respect of a number of employees who wish to prefer a

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Nov 15 1961

Bidi, Bidi Leaves' and Tobacco Merchants Association Vs. the State of ...

Court : Supreme Court of India

Decided on : Nov-15-1961

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 3, 4, 5, 5(1), 5(2), 7, 12, 12(2), 18, 20, 21, 22, 22A, 22B; Constitution of India - Articles 132(1) and 133(1); State Reorganisation Act, 1956; Industrial Disputes Act, 1947

Reported in : AIR1962SC486; [1962(4)FLR71]; (1961)IILLJ663SC; [1962]Supp1SCR381

issued by the State of Bombay, now represented by the State of Maharashtra, under s. 5 of the Minimum Wages Act, 1948 - Section 5 (11 of 1948) (hereafter called the Act). The petitioners in Special Civil Application No. 205 … Bidi Leaves and Tobacco Merchants' Association, Gondia and two others, whereas the petitioners in Special Civil Application No. 214 of 1958 are Haji Latif Ghani Kachhi and five others. The impugned notification consists of seven clauses. By

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