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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 … 324 U. S. 715 . 293 N.Y. 666, 56 N.E.2d 259, affirmed. 144 F.2d 584, affirmed. 144 F.2d 292, reversed in part. Certiorari, 323 U.S.

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Dec 05 1962

Registrar, High Court, A.S., Bombay Vs. S.K. Irani and anr.

Court : Mumbai

Decided on : Dec-05-1962

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1952 - Sections 1, 1(5), 2, 3, 3(2), 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15(1), 15(2), 15(3), 15(3-A), 15(4), 15(5), 15(6), 15A(1), 15A(2), 16, 17, 17(1), 17A(1), 17A(2), 17B(1), 18, 19, 20, 20(1), 21, 22, 23, 24, 25, 26 and 26(1); Payment of Wages Act, 1936; Constitution of India - Articles 226 and 227; Indian Penal Code (IPC), 1860 - Sections 19 and 228; Payment of Wages (Procedure) Rules, 1937 - Rules 2, 3, 4, 6, 7, 8, 8(2), 8(3), 9, 9(3), 11, 12 and 13; Evidence Act - Sections 3; Bombay Industrial Relations Act, 1946; Industrial Disputes Act, 1947; States (Laws) Act, 1951; Revenue Recovery Act, 1890 - Sections 5; Indian Limitation Act, 1908 - Sections 5; Code of Civil Procedure (CPC), 1908; Code of Criminal Procedure (CrPC) , 1898 - Sections 195; Government

Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115

power to attach property pending an appeal and Sub-section (2) of Section 17A provides that the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgment under that Code shall, so far … Act. Section 4 requires the employer to fix wags periods. Section 5 prescribes the time of payment of wages. Section 7 enumerates deductions which the employer could make from the wages payable to his employees. Section 8 deals … which the employer can make on account of certain acts or defaults on the part of his employee. Section 14 deals with the appointment of Inspectors. The material part of Section 15 is in tne following terms:--15. (1)

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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

and in para 4 and 5 the Hon'ble Apex Court observed as under:'There is also an amendment to Section 14 by addition of sub-section (1-a) under the Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961 being Act … also.13.3F The expression 'judgment' is not defined under the provisions of Industrial Law but as defined in the Code of Civil Procedure, 1908, judgment is 'the statement given by the Judge on the grounds of a decree

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Jan 10 2023

Narayana Kammath vs the Deputy Labour Commissioner

Court : Kerala

Decided on : Jan-10-2023

Learned counsel appearing on behalf of the petitionersubmitted that Minimum Wages Act was repealed under Section 67 of the Code on Wages Act, 2019, notified in the Gazette of India (Extra Ordinary) dated 08.08.2019 by Government of India ie., during … shall not be stalled but construed to be done and taken as if the Act was in force. Section 14 of the Minimum Wages Act deals with the wages for overtime. The said provision is not contrary to

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Dec 18 2001

Himachal Pradesh Agro Industries Corporation Vs. Raj Kumar and ors.

Court : Himachal Pradesh

Decided on : Dec-18-2001

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Section 25F and 25G; ;Administrative Tribunals Act, 1985

Reported in : (2002)IILLJ861HP

no doubt, contended on behalf of the respondents that what was barred was jurisdiction of civil Court under the Code of Civil Procedure and not of the jurisdiction of Administrative Tribunal constituted and established under the AT Act. … employee of the respondent. He filed an application under the Payment of Wages Act alleging, inter alia, that the respondent illegally withheld his wages. The … establishment of Tribunals and Benches thereof. Chapter III deals with jurisdiction, power and authority of such Tribunals. Whereas Section 14 speaks of jurisdiction, power and authority of the Central Administrative Tribunal, Section 15 deals with jurisdiction; power and

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Dec 03 2013

Dr. Mahendra Singh Vs. Union of India and anr.

Court : Delhi

Decided on : Dec-03-2013

Subject : Land Acquisition

to the Limitation Act would be Article 7 i.e. a suit for wages, the limitation of three years prescribed wherefor commences from the date when … expenditure, finding/observing/ holding: (A) that it was the contention of the counsel for the plaintiff that as per Section 14 of the Limitation Act, 1963, the four years period during which the contempt petition filed by the plaintiff … consequence or result; not only is the relief of a different nature in the two proceedings but the procedure is also widely divergent.29. This Court in Anil Pratap Singh Chauhan Vs. Onida Savak Ltd. AIR2003Delhi 252, relying

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Dec 03 2013

State Farms Corporation of India Ltd. and anr. Vs. Dr. Mahendra Singh

Court : Delhi

Decided on : Dec-03-2013

Subject : Land Acquisition

to the Limitation Act would be Article 7 i.e. a suit for wages, the limitation of three years prescribed wherefor commences from the date when … expenditure, finding/observing/ holding: (A) that it was the contention of the counsel for the plaintiff that as per Section 14 of the Limitation Act, 1963, the four years period during which the contempt petition filed by the plaintiff … consequence or result; not only is the relief of a different nature in the two proceedings but the procedure is also widely divergent.29. This Court in Anil Pratap Singh Chauhan Vs. Onida Savak Ltd. AIR2003Delhi 252, relying

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Apr 24 2008

Rajasthan Srtc and ors. Vs. Mohar Singh

Court : Supreme Court of India

Decided on : Apr-24-2008

Subject : Service

Acts : Road Corporation Act, 1951; Industrial Disputes Act, 1947 - Sections 2A and 33C; Specific Relief Act, 1963 - Sections 14(1); Industrial Employees (Standing Orders) Act, 1946; Code of Civil Procedure (CPC) - Sections 9; Constitution of India - Articles 12 and 14

Reported in : AIR2008SC2553; 2008(3)AWC2706(SC); [2008(117)FLR1032]; 2008(3)KLT371(SC); (2009)ILLJ149SC; (2008)5MLJ869(SC); 2008(7)SCALE339; (2008)5SCC542; 2008(3)SLJ357(SC); 2008AIRSCW3567; 2008(3)CivilLJ874; 2008(3)Supreme230; 2008(3)KCCRSN209

in Civil Appeal No. 3428 of 2005 referred the matter to a larger Bench. 10. Section 9 of the Code of Civil Procedure provides that all Civil Courts shall have jurisdiction to try all suits of a civil … services on him with immediate effect. It was furthermore directed that he shall not be entitled to further wages save and except what has already been paid to him by way of subsistence allowance. 4. An appeal … in a given case direct reinstatement in service having regard to Section 14(1)(b) of the Specific Relief Act, 1963 but, it is a trite law

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Nov 25 2016

Atul Kanti Tripathi vs.m/s Kuber Media Ltd.

Court : Delhi

Decided on : Nov-25-2016

Subject : Labour and Industrial

the analogy of execution proceedings is treated as relevant, it is well known that a decree passed under the Code of' Civil Procedure is capable of execution within 12 years, provided, of course, it is kept alive by … dated 10.03.2010 directed the respondent (management) to (i) grant reinstatement to the workman in service along with back wages; (ii) continuity of service and consequential benefits within 30 days from the date of publication of the Award, … was opposed by the management on the W.P.(C) 6008/2014 Page 1 of 14 it was barred by limitation and that ground that the application for … enforceable from 16.09.2010. An Execution petition was moved by the petitioner under Section 33C of the Industrial Disputes Act, 1947 (hereinafter to be referred as

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Dec 02 2009

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Decided on : Dec-02-2009

Subject : Company

Reported in : [2010]153CompCas579(Gauhati)

eminently a civil dispute and not a dispute under the provisions of the Companies Act. Section 9 of the Code of Civil Procedure confers jurisdiction upon the civil courts to determine all dispute of civil nature unless the … of the appellant-company have already been initiated. There is labour unrest as wages and other statutory dues have not been made available to the labourers. … to another willing shareholder. Such a contingent contract, in the light of Clause (c) of Sub-section (1) of Section 14 of the Specific Relief Act, is not specifically enforceable.192. Thus, when the plaintiff's right, if any, to buy

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