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Apr 15 2005

Gujarat Water Resources Development Corporation Ltd. Vs. Gujarat Jal S ...

Court : Gujarat

Decided on : Apr-15-2005

Subject : Labour and Industrial

Acts : Companies Act, 1956 - Sections 617; Industrial Disputes Act, 1947 - Sections 2, 3, 3(2A), 3(27), 4(1), 7A, 10, 10(l), 10(4), 14 and 33(1); Factories Act, 1947; Bombay Shops and Establishment Act; Gujarat Minimum Wages Rules, 1961 - Rules 20, 21, 22, 23, 24 and 25; Minimum Wages Act, 1948 - Sections 14, 22, 27, 28, 29 and 30; Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961 - Sections 14(1); Gujarat Panchayats Act, 1961; Gujarat Civil Services (Revision of Pay) Rules, 1975; Gujarat Civil Services Rules (Revision of Pay) Rules, 1998; Madhya Pradesh Municipal Services (Scales of Pay and Allowances) Rules, 1967; Code of Civil Procedure (CPC) - Sections 2(9); Constitution of India - Articles 226, 227 and 309

Reported in : (2005)3GLR2515

in the whole State or part thereof.'8.4I The learned advocate has also relied upon Section 27 of the Minimum Wages Act, 1948, which reads as under:'Sec. 27 Power of State Government to add to Schedule:- The appropriate Government after giving … weekly day of rest on the same line as is provided under the Minimum Wages Rules, 1961. (Rule 23).(vi) workmen shall be given at least 4 National and Festival holidays with pay.(vii) the workmen shall be given

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Mar 24 1960

Jaswant Sugar Mills Ltd., Meerut City Vs. Sub-divisional Magistrate, M ...

Court : Allahabad

Decided on : Mar-24-1960

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Minimum Wages Act, 1948 - Sections 13, 20, 20(3) and 30(2); Uttar Pradesh Minimum Wages Rules, 1952 - Rule 23

Reported in : AIR1960All724; (1960)IILLJ373All

The main contention of the learned counsel for the petitioner was that there is no rule under the Minimum Wages Act, 1948 (Act No. XI of 1948) providing for weekly rests with payment. The impugned order was, therefore, without jurisdiction. … day of rest at a rate not less than the overtime rate.' 13. Section 20 deals with claims. Section 23 provides for penalties and procedure. Section 30 of the Act confers powers on the appropriate Government to make

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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. … Section 25 of the Minimum Wages Act, prohibits contracting out and he also relies on the provisions of Section 23 of the Contract Act to urge that such Settlement will otherwise be opposed to law and public policy

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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. … the minimum wage for it, would amount to a breach of Article 23 and of the prescription of equality under Article 14 of the Constitution … are addressed on this issue.3. The statutory powers to grant interim relief by this Court is derived from Section 17B of the Industrial Disputes Act, 1947. In order to appreciate the respective contentions of both parties, it

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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 … values, prescribes fair procedure and forbids arbitrariness, barbarities, punitive or processual. Article 23 prohibits forced labour when it says:'23. Prohibition of traffic in human beings … 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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Jan 02 2012

Mohandas Vs. Authority Under the Minimum and ors.

Court : Chennai

Decided on : Jan-02-2012

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 20, 20(3)(i), 4(1), 3(2)(i); Shops and Establishment Act, 1947; Constitution of India - Articles 226, 23

transport service in the State of Tamil Nadu. The second respondent, who is the notified Inspector under the Minimum Wages Act, 1948 has found that the workmen were not receiving minimum wages in terms of the notification issued by the … Labour Employment dated 01.08.2003 and filed a complaint before the first respondent, who is the authority constituted under Section 20 of the Minimum Wages Act, 1948 for the unpaid minimum wages for the period from 01.10.2004 to … the Minimum Wages Act will result in forced labour prohibited under Article 23 of the Constitution of India. In People's Union for Democratic Rights Vs.

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Mar 12 1987

The N.M. Wadia Charitable Hospital and ors. Vs. State of Maharashtra a ...

Court : Mumbai

Decided on : Mar-12-1987

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 3 and 5; Constitution of India - Article 23

Reported in : [1987(54)FLR626]; (1994)IIILLJ607Bom

the hospital which are not run by any local authority. Entry No. 23 to the schedule to the Minimum Wages Act, 1948 (hereinafter called as … referred to me for my opinion.Whether the Notification dated 19th January 1985 issued under the provisions of the Minimum Wages Act, 1948 in respect of the employment in any hospital not run by a local authority, is vitiated by non-application … clinics, dispensaries and out-patient departments maintained in connection with any such institution or home as aforesaid'. 3. Under Section 3 of the Act, the appropriate Government, in the present case the Respondent No. 1 Government of Maharashtra

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Jul 10 2001

Modern theatres Ltd. Vs. Presiding Officer, Labour Court and ors.

Court : Chennai

Decided on : Jul-10-2001

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 3A, 3(2), 5, 12 and 25; Industrial Disputes Act, 1947 - Sections 19(3), 19(6), 23 and 29

Reported in : [2002(94)FLR1148]; (2002)IIILLJ41Mad

the Minimum Wages Act was published fixing the rates of wages for employees in the cinema industry.4. The Minimum Wages Act, 1948, was enacted to provide for fixing the minimum rate of wages in certain employments. Section 12 of the … came into operation, during that period, the parties to the award will be subject to the discipline of Section 23 of the Industrial Disputes Act which prohibits strikes and lock-outs. The relevant part of Section 23 of the

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Mar 02 1983

Labourers Working on Salal Hydro Project Vs. State of Jammu and Kashmi ...

Court : Supreme Court of India

Decided on : Mar-02-1983

Subject : Labour and Industrial

Acts : Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 2 and 12 to 16; Labour Law; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 2, 12, 12(1), 16 to 21, 23, 24 and 28; Minimum Wages Act, 1948 - Sections 12; Constitution of India - Article 24; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980

Reported in : AIR1984SC177; [1984(49)FLR30]; 1983LabIC502; (1983)ILLJ494SC; 1983(1)SCALE216; (1983)2SCC181; [1983]2SCR473

benefits provided to them under various labour laws such as Contract Labour (Regulation and Abolition) Act, 1956, the Minimum Wages Act, 1948 and the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. So far as … obtaining a licence under Section 12 Sub-section (1), they would be guilty of a criminal offence punishable under Section 23 or Section 24. We would therefore direct the Central Government as the enforcing authority to take immediate steps

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May 04 2006

Lingegowd Detective and Security Chamber (P) Limited Vs. Mysore Kirlos ...

Court : Supreme Court of India

Decided on : May-04-2006

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 3, 3(1), 5, 5(2), 26(3) and 27; Constitution of India - Articles 14, 21, 23 and 258; ;Contract Labour (Regulation and Abolition) Act, 1970

Reported in : AIR2006SC1967; [2006(109)FLR1009]; JT2006(5)SC452; 2006(4)KarLJ461; 2006(2)KLT68(SC); (2006)IILLJ762SC; RLW2006(3)SC2202; 2006(5)SCALE227; (2006)5SCC180; 2007(1)SLJ11(SC)

aside.2. Background facts, in a nutshell, are as follows:Aggrieved by the orders passed by the Authority under The Minimum Wages Act, 1948 (in short 'the Act'), the appellant Lingegowd Detective & Security Chamber (P) Limited (appellant in C.A. No. 4497/2000) … of the Act. The Act has been passed to provide for minimum rates of wages in certain employments. Section 2(b) defines the appropriate government as meaning, inter alia (1) in relation to any scheduled employment carried on … within the scope and ambit of the words 'forced labour' under Article 23 of the Constitution of India, 1950 (hereinafter referred to as 'the Constitution')

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