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Apr 19 1975

Gopalan Vs. Angamali Chit Fund (P) Ltd.

Court : Kerala

Decided on : Apr-19-1975

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Payment of Wages Act, 1936 - Sections 2; Payment of Bonus Act, 1965 - Sections 2(21) and 10

Reported in : AIR1977Ker120; (1975)IILLJ296Ker

ex gratia payment. But by statute or by agreement it can assume permanency and become part of the wages. Section 60 C. P. Code covers only a limited class of wage-earners, viz., labourers who earn their daily bread … wages paid to the employee. The fact that bonus is specifically excluded from the definition of wages in Section 2(21) of the Act itself signifies that but for such exclusion bonus would fall under wages'.5. A more appropriate

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Feb 13 2013

Jage Ram Vs. Dtc

Court : Delhi

Decided on : Feb-13-2013

Subject : Land Acquisition

whereby the dismissal of the Petitioner on account of his conviction for offence under Section 279/304A Indian Penal Code, 1860 was held to be justified. It was also held that punishment of removal was not disproportionate to … being illegal, the punishment could not have been awarded and the Petitioner was entitled to reinstatement and back wages. Section 2(oo) of the ID Act reads as under:2. (oo) Retrenchment means the termination by the employer of the

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Nov 06 1961

Divisional Superintendent, N. Rly., Allahabad and ors. Vs. Nand Lal Du ...

Court : Allahabad

Decided on : Nov-06-1961

Subject : Service

Acts : Railway Establishment Code; Payment of Wages act, 1936 - Sections 2 and 15

Reported in : AIR1963All123; [1967(14)FLR275]

petitioners, is that the case of the opposite party was governed by Para 2044 of the Railway Establishment Code, Vol. II, and such salary and allowances which were considered admissible to the opposite party have already been … the employee remained suspended or dismissed. Such a question relates to the question of wages as denned in Section 2(vi) of the Payment of Wages Act. As observed by the Calcutta High Court in the case of Arjun

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Feb 20 2008

Sh. Narinder Bishal and anr. Vs. Sh. Rambir Singh and ors.

Court : Delhi

Decided on : Feb-20-2008

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) - Sections 34; Minimum Wages Act; Motor Vehicles Act, 1988 - Schedule II - Sections 163A, 163B, 163(3), 166, 168 an 171; Workmen

that income taken - total compensation enhanced to Rs. 4,61,176 from Rs. 2,01,400. - [Kailash Gambhir, J.] -- Code of Civil Procedure (CPC) - Section 34 - While in other cases where in the absence of sufficient … ignoring all these, the tribunal has erroneously determined the income of the deceased on the basis of minimum wages of a metriculate workman at Rs. 2,796 per month. The counsel further contended that the learned tribunal erred

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Sep 08 1967

Chandrabhava Boarding and Loading and ors. Vs. State of Mysore by Its ...

Court : Karnataka

Decided on : Sep-08-1967

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Minimum Wages Act, 1948; Taxation of Income (Investigation Commission) Act, 1947 - Sections 5; Income-tax Act, 1922 - Sections 34

Reported in : AIR1968Kant156; AIR1968Mys156

that Notification.(8) In the year 1966, the Government consulted the Mysore State Minimum Wages Advisory Board constituted under Section 2 of the Act, regarding the fixation of minimum rates of wages for employees in residential hotels and eating … witness in the course of any enquiry or to produce any book, paper or documents. The provisions of the Code of Civil Procedure relating to summoning and enforcement of appearance of witnesses and production of documents are made … the Advisory Board to advise the appropriate Government in the matter of fixing and revising minimum rates of wages. Section 7 does not state, either expressly or by necessary implication, that the Government is bound to consult the

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Sep 26 2005

P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

Court : Supreme Court of India

Decided on : Sep-26-2005

Subject : Labour and IndustrialCompany

Acts : Payment of Wages Act, 1936 - Sections 2, 3, 5, 7, 7A, 15, 15(1), 15(3), 15(4) and 17; Industrial Disputes Act, 1947 - Sections 25O; Madhya Pradesh Industrial Disputes (Amendment) Act, 1983; Madhya Pradesh Industrial Relations Act, 1960 - Sections 9, 36, 61, 64A and 67; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 15; Madhya Pradesh Payment of Wages (Amendment) Act, 1964 - Sections 2 and 3; Factories Act, 1948 - Sections 2, 7(1) and 85(1); Factories (Amendment) Act, 1987; Mines Act, 1952 - Sections 2(1); Plantations Labour Act, 1951 - Sections 2; Indian Railways Act, 1890 - Sections 3; Indian Penal Code (IPC), 1860 - Sections 193, 219, 228 and 405; Employees State Insurance Act, 1948 - Sections 2(17), 40, 85B and 85C; Companies Act, 1956 - Sections 5 and 2

Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)

Matched in: Parties P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

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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 … force and determine the status and 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, is throughout referred to in the … other hand to be distinct entities. It is also revealed by Article 227 of the Constitution where under power of supervision and superintendence no doubt

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Oct 01 2004

U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Decided on : Oct-01-2004

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2, 2(9), 3, 5, 4(1), 4(4), 4(5), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 26(1), 26(2), 29, 30, 31 and 37; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(I) and 4K; Industrial Disputes Act, 1947 - Sections 6(N) and 25(F); Indian Boilers Act, 1923; Apprenticeship Rules, 1992 - Rules 6, 7, 8, 11, 12, 13 and 14; Army Act, 1950; Air Force Act, 1950; Navy (Discipline) Act, 1934; Contract Labour (Regulation and Abolition) Act, 1970; Apprenticeship Rules, 1962 - Rules 4B and 6; Contract Act - Sections 23

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

From the scheme of things it is more than apparent that the Apprentices Act, 1961 is a complete code in itself and it lays down the conditions of the apprentices, what shall be their tenure, what shall … 2(r) deals with 'worker' which means any person who is employed for wages in any kind of work and who gets his wages directly from … intended to give effect to these objectives.' Now we shall examine the necessary provisions of the Act. 5. Section 2 deals with the definition. Section 2(aa) defines 'apprentice' which means a person who is undergoing apprenticeship training in

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May 17 2007

Ram Prasad Sao and anr. Vs. State of Bihar and anr.

Court : Jharkhand

Decided on : May-17-2007

Subject : Criminal

Reported in : [2008(1)JCR131(Jhr)]; (2008)ILLJ162Jhar

provision in respect of the violation of the provisions of the Act, the offences under the Indian Penal Code can not be attracted, nor can the petitioners be tried for any offence under Indian Penal Code much … present petitioners being partners of a firm namely M/s Jaiswal Rolling Mills had deducted specific amounts from the wages of the individual employees of the firm towards provident fund contribution from December, 1983 to March, 1985, but … whereby the learned Court below has taken cognizance for the offence under Section 406, IPC against the petitioners and also for quashing the entire criminal … D.G.R. Patnaik, J.1. Petitioners have prayed] for quashing the order dated 26.11.19871 passed by the learned Judicial Magistrate, Dhanbad in G.R. No. 3584 of

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Sep 21 2004

Dr. Miss Sudha Jhingon Vs. State of Jharkhand and anr.

Court : Jharkhand

Decided on : Sep-21-2004

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2 and 22; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2004(3)BLJR1856; 2005CriLJ62; [2005(104)FLR503]; (2005)ILLJ903Jhar

without specifying her involvement as employer, it cannot be said to be complete compliance of Sub-section 'e' of Section 2 of Minimum Wages Act, which defines the definition of employer. It is further submitted that name of this … Hari Shankar Prasad, J.1. This application under Section 482, of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order taking cognizance dated

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