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General Manager, N.E. Rly. and ors. Vs. Shri Pat and ors.

Court : Allahabad

Subject : Labour and Industrial

Reported in : (1987)IILLJ377All

a civil court the mode applied being of recovery of fine imposed by a Magistrate (vide Section 15(5). Section 22 creates bar against any Court entertaining any suit for the recovery of wages or of any deduction from … respects he is given the same powers as are given to ordinary Civil Courts of the land by the Code of Civil Procedure including the power to summon and examine witnesses on oath, the power to order inspection

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Subject : Civil

Acts : Bombay Shops and Establishments Act, 1939; Bombay Shops and Establishments Act, 1948 - Sections 2, 2(4), 2(7), 2(8), 2(24), 2(25), 2(27), 4, 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, 18, 18(1), 21, 22, 26, 27, 32, 34, 39, 40, 41, 42, 52, 56 and 65; Societies Registration Act, 1860; Legal Practitioners Act; Advocates Act, 1961; Bombay Shops and Establishments Rules, 1948 - Rule 5; Payment of Wages Act - Sections 38-A, 39 and 42-A; Indian Penal Code (IPC), 1860 - Sections 22; Maharashtra Shops and Establishments Act, 1961; Buildings Societies Act, 1884; Industrial Disputes Act - Sections 2; Central Provinces and Berar Goondas Act; Punjab Shops and Establishments Act; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 73; Extension and Amendment Act, 1960

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

Inspectors. Every Inspector appointed under the Act is deemed to be a public servant within the meaning of section 22 of the Indian Penal Code. An employer is in duly bound under Section 21 on demand to produce … work dangerous to the life, health or morals. Chapter VII provides for leave, with pay and payment of wages of persons employed in an establishment. Provision is made for application of the provisions of the Payment ol

Sri. Vikram Kirloskar Vs. State of Karnataka and Another.

Court : Karnataka

Subject : MRTP

Reported in : ILR2010KAR3349

ORDER1. In these petitions filed under Section 482 of Cr.P.C. (for short, 'the Code'), the petitioners who have been arraigned as accused persons in C.C.No. 1097/2004 on the file of the Civil … from service and directed his reinstatement into the service with full back wages. The said award came to be published, as required by Section .17 … the company had been declared as a sick industry by BIFR on 12.10.2001 and directions as provided by Section 22-A of Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'SICA'l had been issued directing the company not

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

Court : Mumbai

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

to two hundred rupees. Section 21 deals with the procedure in trial of offences mentioned in Section 20. Section 22 reads:--'22. No Court shall entertain any suit for the recovery of wages or of any deduction from wage … 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

P. Manohar Reddy Vs. Appellate Authority Under Section 53 of the A.P. ...

Court : Andhra Pradesh

Subject : Civil

Acts : Andhra Pradesh Shops and Establishments Act, 1988 - Sections 2(23), 35, 36, 37, 38, 47, 48, 50, 51, 51(1), 51(2), 53 and 55; Payment of Wages Act, 1936 - Sections 2, 3, 4, 5, 7 to 13, 15, 15(1), 15(2), 15(3), 17, 18, 20 and 22; Industrial Disputes Act, 1947 - Sections 25FF, 25FFF and 33C(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Indian Penal Code (IPC), 1860 - Sections 193, 219 and 228; Constitution of India - Articles 226, 554 and 610; Code of Civil Procedure (CPC) , 1908

Reported in : 2007(6)ALD686; 2007(6)ALT76; (2008)ILLJ1117AP

1908 for the purpose of taking evidence, enforcing the attendance of witnesses and compelling the production of documents. Section 22 provides that no Court shall entertain any suit for the recovery of wages or of any deduction from … and, thereunder, every authority appointed under Section 50 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of taking evidence and of enforcing attendance of witnesses, compelling production … he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages. Section 38, which prescribes the time of payment of wages, reads thus:Time of payment of wages:- (1) The wages

Divisional Personnel Officer Vs. Mahavir Prasad

Court : Rajasthan

Subject : ServiceLimitation

Reported in : 1974WLN206

him and the High Court could not interfere in exercise of its revisional power under Section 115 of the Code of Civil Procedure. It has of course been observed in this case that whenever a question of condonation … direction given by the S.D.M. Karanpur (the Authority under the Payment of Wages Act) on 3-7-1967.2. The non-applicant Mahavir Prasad an employee of Northern Railway … recovery of arrears of salary as a consequential relief in a suit for declaration was not barred by Section 22 of the Act as upto that stage the arrears of salary could not have been recovered by an

Piramal Spinning and Weaving Mills Ltd., Mumbai Vs. Rashtriya Mill Maz ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - Sections 2(5) and 28; Bombay Industrial Relation Act, 1947 - Sections 3(13) and 44(1); Sick Industrial Companies (Special Provision) Act, 1986 - Sections 22(1); Sick Industrial Companies (Special Provision) (Amendment) Act, 1994; Sick Industrial Companies (Special Provision) Act, 1985 - Sections 22(1)

Reported in : [2001(91)FLR536]; 2002(1)MhLj824

expression 'suit' has both a narrow connotation confined to the meaning of that expression for the purposes of the Code of Civil Procedure, 1908 as well as a wider meaning which brings within its sweep all proceedings initiated … proceeded with further save and except with the permission of the BIFR by virtue of the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985.5. Insofar as the first submission was concerned, the learned … were to be entitled to receive ex-gratia payment equivalent to 38 days wages/salaries for every completed year of service in excess of six months apart

Chief Officer, Bhavnagar Nagarpalika Vs. Meghjibhai Ugabhai and ors.

Court : Gujarat

Subject : Labour and Industrial

Acts : Constitution of India - Articles 14, 19, 227; Payment of Minimum Wages Act, 1948 - Sections 20, 20(3), 20(3)(1), 20(4), 22; Code of Civil Procedure (CPC) - 1908; Indian Penal Code (IPC) - 1860

Reported in : (1992)2GLR847; (1995)IIILLJ527Guj

of the Act is somewhat penal in nature. This also becomes clear from the relevant provisions contained in Section 22 of the Act. Payment of wages less than the minimum rates of wages fixed under the Act to … be final.(7) Every authority appointed under Sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance … on the part of the unscrupulous employers. Section 3 makes provision for fixation of the minimum rates of wages. Section 12 thereof fastens the liability on the employer to pay to every employee engaged in the scheduled employment

Brooklyn Savings Bank Vs. O'Neil

Court : US Supreme Court

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 … , 303 U. S. 143 , 625; Creswill v. Knights of Pythias, 225 U. S. 246 , 225 U. S. 261 . We think the

Secretary, Agricultural Produce Market Committee Vs. State of Bihar an ...

Court : Patna

Subject : Labour and Industrial

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

had inspected the place of occurrence on January 22, 1997 and found that the employers were paying less wages to the labourers. It is further alleged that the employers were not maintaining register required under the provisions … D.N. Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed by the sole petitioner, the Secretary, Agricultural Produce Market Committee for quashing