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C.K. Iypunny Vs. R.N. Kulkarni and anr.
Mumbai
Aug-12-1963
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 33(2), 33(C), 33C(1) and 33C(2); Code of Civil Procedure (CPC), 1908 - Sections 11; Bombay Industrial Relations Act, 1946; Bombay Industrial Relations Act, 1947 - Sections 3(15), 42(4), 46(2), 46(5), 47, 79(3), 80, 80-D, 85 and 106(3); Industrial Disputes (Appellate Tribunal) Act, 1950 - Sections 20; Payment of Wages Act, 1936; Workmen's Compensation Act, 1923; Minimum Wages Act, 1948; Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 - Sections 31; Constitution of India - Article 254(2)
AIR1964Bom188; (1964)66BOMLR34; [1964(8)FLR175]; 1964MhLJ211
appropriate and related enactments, like the Payment of Wages Act, 1936, the Workmen's Compensation Act, 1923, and the Minimum Wages Act, 1948. ' The learned Judge observed that the Act should be construed in such a way as not to … enforcing an award made under its provisions the remedy under Section 33C(2) is not available. In any case Section 31 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, which added Section 33C (1) and (2) restricted
Tag this Judgment! AI Brief & AskVasantlal Maganbhai Sanjanwala Vs. the State of Bombay and ors. Overruled
Supreme Court of India
Aug-25-1960
Tenancy
Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 6, 6(1), 6(2), 7, 8, 9, 10, 11, 12, 12(3) and 13; Minimum Wages Act, 1948 - Sections 27; Constitution of India - Article 31 and 31B; Bombay General Clauses Act, 1904 - Sections 14
AIR1961SC4; (1961)63BOMLR138; 1978CriLJ1281; [1961]1SCR341
10, 11, 12, 12 (3) and 13 of Bombay Tenancy and Agricultural Lands Act, 1948, Section 27 of Minimum Wages Act, 1948, Articles 31 and 31B of Constitution of India and Section 14 of Bombay General Clauses Act, 1904 -
Tag this Judgment! AI Brief & AskKerala Non-Banking Finance Companies Welfare Association vs State of K ...
Kerala
Apr-09-2024
Act'). The Government of Kerala, in exercise of powers under Section 3(1)(a) read with Section 5(2) of the Minimum Wages Act, 1948 issued Ext.P2 notification dated 23.07.2009 fixing minimum wages payable to the employees in shops and commercial establishments in … ERNAKULAM NORTH, KOCHI - 682 018, REPRESENTED BY ITS SECRETARY. *ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 31-08- 2022 IN IA NO. 1/2020. BY ADVS. SRI. K.V.SOHAN - STATE ATTORNEY SRI. S.KRISHNA MOORTHY SRI. ASHOK M.CHERIAN
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B.R.D Finance Limited vs State of Kerala
Kerala
Apr-09-2024
Act'). The Government of Kerala, in exercise of powers under Section 3(1)(a) read with Section 5(2) of the Minimum Wages Act, 1948 issued Ext.P2 notification dated 23.07.2009 fixing minimum wages payable to the employees in shops and commercial establishments in … ERNAKULAM NORTH, KOCHI - 682 018, REPRESENTED BY ITS SECRETARY. *ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 31-08- 2022 IN IA NO. 1/2020. BY ADVS. SRI. K.V.SOHAN - STATE ATTORNEY SRI. S.KRISHNA MOORTHY SRI. ASHOK M.CHERIAN
Tag this Judgment! AI Brief & AskThe State of Rajasthan and ors. Vs. Duduwala and Company
Rajasthan
Apr-08-1985
Labour and Industrial
1985(1)WLN715
of the powers conferred upon it by Section 3 read with Sub-section (2) of Section 5 of the Minimum Wages Act, 1948. The writ petitioners and some other lease holders of mica mines challenged the validity of the aforesaid notification … standing any judicial decision to the contrary. Section 31A, which was newly introduced in the principal Act after Section 31, for the purpose of the aforesaid validation, reads as under:19A. Validation of certain minimum rates and wages.-The Rates
Tag this Judgment! AI Brief & AskGujarat Water Supply and Sewerage Board and anr. Vs. Ketanbhai Dinkarr ...
Gujarat
Jun-16-2003
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 10 and 33C(2); Minimum Wages Act - Sections 20; Constitution of India - Articles 226 and 227
(2003)3GLR2281; (2004)ILLJ114Guj
provisions of the Statute itself. It is not the case of the petitioner-Board that the provisions of the Minimum Wages Act, 1948 are not applicable. In view of the decision of the Apex Court in case of Patel Ishwarbhai (supra) … in this judgment, is whether Labour Court was right in entertaining claim of workman, while exercising powers under Section 33C(2) of the Industrial Disputes Act, in absence of formal adjudication by competent Court or authority when the … All the aforesaid writ petitions i.e. Special Civil Application Nos. 2327 and 3116 of 1984, Special Civil Application Nos. 3946 to 3950 and 3966 to
Tag this Judgment! AI Brief & AskSri Rajesh Adani and Another Vs. Assistant Labour Commissioner and Ano ...
Karnataka
Apr-13-2010
Land Acquisition
ILR2010KAR3287
this regard, the learned Senior Counsel brings to my notice the provisions contained in Section 22-C of the Minimum Wages Act, 1948, which read as follows:"22-C.Offences by companies - (1) If the person committing any offence under this Act is … absence of any averment, the complaint is not entertainable as against the petitioner No.2. (Paras 20, 24, 27, 31 & 34) Criminal Petition is Disposed off.
Tag this Judgment! AI Brief & AskFirm Dayalal Meghji and Co. and ors. Vs. State of Madhya Pradesh and o ...
Madhya Pradesh
May-02-1962
Constitution
Minimum Wages (Madhya Pradesh Amendment and Validation), Act, 1961; Constitution of India - Articles 245, 246(2), 254, 254(1) and 254(2); Minimum Wages Act, 1948 - Sections 5, 7, 9, 19(1) and 31A
AIR1962MP342; [1962(5)FLR478]
formation of the new State of Madhya Pradesh, the Government constituted under Sections 5 and 6 of the Minimum Wages Act, 1948, (hereinafter referred to as the principal Act), an Advisory Board. The proposals published by the Government for fixation … retrospective effect contrary to Section 5 of the principal Act; and that the validation of the notification by Section 31-A was tantamount to the fixation of minimum wages contrary to the provisions of Sections 5, 7 and 9
Tag this Judgment! AI Brief & AskJitendra Nath Upadhaya Vs. State of Jharkhand and Anr
Jharkhand
Aug-29-2017
Land Acquisition
the Act and without his presence before the Authority, the matter should not have been adjudicated under the Minimum Wages Act, 1948. Section 21(4) of the Contract Labour (Regulation & Abolition) Act, 1970 makes the principal employer responsible for payment of … during the period of October 2008 to April 2009, but the copy of the annual report as on 31.12.2008 submitted under the provisions of the Contract Labour (Regulation & Abolition) Central Rules, 1971 by the principal employer
Tag this Judgment! AI Brief & AskDr. Miss Sudha Jhingon Vs. State of Jharkhand and anr.
Jharkhand
Sep-21-2004
Labour and Industrial
Minimum Wages Act, 1948 - Sections 2 and 22; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
2004(3)BLJR1856; 2005CriLJ62; [2005(104)FLR503]; (2005)ILLJ903Jhar
No. 48 of 2002, as contained in Annexure-6.2. The prosecution case in brief is that complainant-Labour Superintendent-cum-Inspector under Minimum Wages Act, 1948. Chaibasa after taking sanction under Section 22(b) of the Minimum Wages Act, 1948 filed a complaint before the … of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 31.7.2002 passed in C/2 case No. 48 of 2002, as contained in Annexure-6.2. The prosecution case in brief is
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