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Nov 18 1981

Modern Paper Converters Vs. S.V. Kotnis and Others

Court : Mumbai

Decided on : Nov-18-1981

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33C(2); Minimum Wages Act - Sections 20(1); Code of Civil Procedure (CPC) - Sections 11

Reported in : (1982)ILLJ394Bom

had been dismissed earlier. I am reluctant to accept this contention of Mr. John. In the first place, Section 11 of the Code of Civil Procedure does not apply in all its rigour to the proceedings before such … of 1973, in the Labour Court at Bombay under S. 33C(2) of the Industrial Disputes Act claiming minimum wages under a notification issued under the Minimum Wages Act made applicable to the printing presses. The Labour Court

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Jan 25 1983

Union of India (Uoi) Vs. John Samuel Peters

Court : Mumbai

Decided on : Jan-25-1983

Subject : Labour and Industrial

Reported in : (1983)85BOMLR297

(i) Order 2 Rule 2, C.P. Code and (ii) Constructive res judicata as embodied in explanation (iv) to Section 11, C.P. Code. Now the question about applicability of principles of Order 2, Rule 2 C.P. Code to such … for declaration that his removal from service was wrongful. He also claimed the relief of reinstatement and back wages. The civil suit which was filed on April 9, 1958 was decreed on June 29, 1960, His removal

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Jun 16 1998

The Oriental Insurance Company Limited, Bangalore Vs. Thibbegowda and ...

Court : Karnataka

Decided on : Jun-16-1998

Subject : Motor Vehicles

Acts : Constitution of India - Articles227 and 323-B; Motor Vehicles Act, 1988 -Sections 173(2) and 175; Code of Civil Procedure (CPC), 1908 - Sections24 and 115; Karnataka Private Education Institutions Act, 1975; Bengal, Assam and Agra Civil Courts Act - Sections 3; Oudh Courts Act; United Provinces High Courts (Amalgamation) Order, 1948 - Sections 15, 18,19, 21 and 22; Payment of Wages Act; Motor Vehicles Act, 1939 - Sections 11 and 110-F; Family Courts Act, 1984 - Sections 10

Reported in : 2000ACJ438; ILR1998KAR3733; 1998(5)KarLJ587

and the party affected may be subjected to irrepairable loss and injury, the Court under Section 115 of the Code will not interfere with that order. The First prerequisite condition to be satisfied is whether the Motor Vehicle … gradation of Courts, we will proceed to consider whether the Payment of Wages Act, does purport to create Civil Courts. (15) Thereafter the person appointed, … it appears the attention of the learned Judges has not been invited and drawn to the provisions of Section 11 of the Motor Vehicles Act, 1939 pari materia of which is Section 175 of Motor Vehicles Act, 1988.

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Nov 21 1977

Indian Express News Papers Ltd. Vs. K. Karunakaran

Court : Mumbai

Decided on : Nov-21-1977

Subject : Service

Reported in : (1979)81BOMLR297

deals with working hours. Section 8 deals with constitution of wage board. Section 9 deals with fixation of wages. Section 11 which deals with powers and procedure of the Board provides that the Board may, for the purpose of … I may, however, point out that this Act together with its sister Act of 1958 form a complete Code in themselves.17. Section 4 of the Act of 1955 deals with the special provisions in respect of certain

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Dec 15 2000

Sk. Ahmed Vs. Labour Court, Guntur and Another

Court : Andhra Pradesh

Decided on : Dec-15-2000

Subject : Labour and Industrial

Acts : Indian Penal Code (IPC), 1860 - Sections 39, 304-A, 338 and 409; Industrial Disputes Act, 1947 - Secton 2, 11-A; Motor Vehicles Act; Evidence Act, 1872

Reported in : 2001(1)ALD180; 2001(1)ALT3; (2002)IVLLJ342AP

was charge-sheeted by the Police for the offences punishable under Sections 304-A and 338 of the Indian Penal Code read with Section 39(a)(b) of Motor Vehicles Act in CC No.67 of 1989 on the file of learned … the Labour Court, Guntur insofaras it is against the petitioner in denying the continuity of service and back wages. 2. Before adverting to the question relating to the legality and validity of the award, it may be … that the Labour Court failed to properly exercise its discretion under Section 11A of the Act. It is submitted that in the light of the

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Jul 12 2006

National Textile Corporation (APKK and M) Limited represented hereIn b ...

Court : Karnataka

Decided on : Jul-12-2006

Subject : Labour and Industrial

Acts : Companies Act, 1956; Shops and Establishments Act, 1961; Industrial Disputes Act, 1947 - Sections 2 and 18(1); Payment of Wages Act; Code of Civil Procedure (CPC) - Sections 11

matter of earlier reference and the present reference are one and the same.14. He would also contend that Section 11 of the Code of Civil Procedure, cannot be extended to industrial disputes. He would place reliance on the … Tribunal' for brevity) holding that employees of the petitioner working in its showrooms are entitled to parity in wages and other benefits on par with employees of its Divisional Office.2. The petitioner states that it is a

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Dec 24 1982

V. Veeramani Vs. Madurai District Cooperative Supply and Marketing Soc ...

Court : Chennai

Decided on : Dec-24-1982

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2A, 8, 10, 10(1), 10(8), 10A, 11, 11(3), 15, 18, 18(3), 33C, 33C(1), 33C(2) and 36

Reported in : (1983)IILLJ88Mad; (1983)IIMLJ49

Such powers are described to be the same as vested in a Civil Court under the provisions of the Code of Civil Procedure, while trying a suit and limited to the following matters : (a) enforcing the attendance … and that in the event of an award being passed with back wages, the heirs of deceased Veeranan will be entitled to get those benefits. … the proceedings, if such parties are to be added, while the party to the reference is alive. 7. Section 11(3) of the Act enumerates the powers of the Labour Court for purposes of facilitating an enquiry into an

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Dec 08 1961

Tirjugi Sitaram Vs. Badlu Prasad Bheruprashad

Court : Madhya Pradesh

Decided on : Dec-08-1961

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Payment of Wages Act, 1936; Minimum Wages Act, 1948

Reported in : AIR1962MP361; 1962MPLJ183

Cotton Mill by his employer constitutes 'wages' of a labourer, as contemplated under Section 60(h) of C. P. Code and as such is not liable to attachment.2. The executing court before whom the question was raised held … pending consideration of this question, to be paid to the decree-holder.4. The judgment-debtor appeals.5. In AIR 1945 Bom 119, Jivan Lal v. Ramtuji Bhaiji, his Lordship Sen J., of the Bombay High Court had to consider whether

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Jan 12 1973

Works Manager, Northern Railway Workshop Vs. Mathuradas, Painter

Court : Rajasthan

Decided on : Jan-12-1973

Subject : Service

Reported in : 1973(6)WLN25

who gave him the benefit of doubt and acquitted him of the offence under Section 323, Indian Penal Code, on 7/4/70 Mathuradas then applied for reinstatement and he was reinstated on 27/4/70 by order Ex. N--2 which runs … an order of the District Judge,, Bikaner, dismissing his appeal against an order of the the Payment of Wages Authority, passed on the application of Mathuradas respondent.2. Mathuradas was employed as a skilled painter in the Railway

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Apr 09 1945

Brooklyn Savings Bank Vs. O'Neil

Court : US Supreme Court

Decided on : Apr-09-1945

Subject : Land Acquisition

brought solely to recover liquidated damages. The jurisdiction of this Court rests on Section 237(b) of the Judicial Code. No. 554 The petitioner in this second case operated a box factory in which he employed the respondent … liquidated damages under § 16(b) does not depend on whether the employee is compelled to sue for minimum wages due. P. 324 U. S. 711 . 5. Absence from the Fair Labor Standards Act of a specific … to recover liquidated damages under the provisions of Section 16(b). [ Footnote 11 ] A preliminary question arises as to whether respondent's release was given

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