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Manager Hindusthan Journals, Private Limited Vs. Govind Ram Sawal Ram

Court : Madhya Pradesh

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 2, 7, 15 and 17; Code of Civil Procedure (CPC) - Sections 115; Constitution of India - Article 227; Madhya Pradesh Shops and Establishments Act - Sections 26(2); Madhya Pradesh Payment of Wages Rules

Reported in : AIR1963MP25; [1962(4)FLR520]; (1962)IILLJ242MP; 1962MPLJ437

B. Shops and Establishments Act. On the merits the questions are, whether a claim for leave salary under Section 26 of the Madhya Pradesh Shops and Establishments Act, is a claimfor wages as defined in Section 2(vi) of … is one functioning under C.P.C., all such applications should come up in revision under Section 115, Civil Procedure Code to be disposed of as such.4. Ground No. 2:-- The employee's application was not on any printed form,

Nandlall and Sons Tea Industries (P) Ltd. and anr. Vs. State of Assam ...

Court : Guwahati

Subject : Constitution

Amitava Roy, J.1. The validity of the proceedings under the Payment of Wages Act, 1936 (hereafter referred to as the Wages Act) as well as that under the Bengal Public Demands … thereof lacked bonafide as well, he urged. Mr. Agarwal contended that in any view of the matter, the procedure prescribed under Section 15(3) of the Act not having been observed, the purported proceeding before the Assistant Labour … next be adverted to. The Certificate Officer, Tinsukia, by his order dated 26.5.2004 recorded that the Certificate Debtor had not deposited any instalment against the

Rashtriya Chemicals and Fertilisers Limited and ors. Vs. Ramesh Kamble ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - Sections 25, 39, 44 and 48(1)

Reported in : [2003(96)FLR970]; 2003(1)MhLj178

groundless, but that does not mean that the accused cannot approach the High Court under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against him when the complaint does not … real ground or reason to file the criminal complaint was to pressurise the petitioners to pay three days wages of the strike period which were deducted from the wages of the employees at the relevant time. According

Modi Industries Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1970 - Sections 3

Reported in : (1995)IIILLJ320All

committed the Labour Commissioner shall have all the powers of a Civil Court, while trying a suit, under the Code of Civil Procedure, 1908 in respect of enforcing the attendance of witnesses and examining them on oath compelling … only on 4.3.1991 that the Company started the production. The management of the Company did not pay the wages to the workmen from 21.12.1990 to 3.3.1991. The Additional Labour Commissioner issued a notice dated 27.2.1991 under Section … be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.'5. Section 3 of the Act

Narula Enterprises Vs. Employees' State Insurance Corpn.

Court : Punjab and Haryana

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 39 and 40; Employees' State Insurance (General) Regulations, 1950 - Regulation 10B

Reported in : (1998)IILLJ931P& H; (1997)115PLR518

has admitted on oath that initially deductions were made from the employees' wages as employees' contribution but later on it was discontinued as code number … under Section 75(1)(g) of the Act claiming that the demand notice be waived as after the allotment of the code number, the applicant-appellant is regularly depositing/paying the contributions as per the provisions of the Act. It was also … employees' contribution. From these statutory provisions it is clear that from out of the common fund maintained under Section 26 of the Act, the employees derive various benefits like sickness, maternity, disablement, injury, medical treatment for and attendance

Bharat Petroleum Corporation Limited Vs. Petroleum Employees Union and ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Specific Relief Act, 1963 - Sections 37, 38 and 41; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 39, Rules 1 and 2; Constitution of India - Articles 8(1), 19(1) and 311; Trade Unions Act, 1926 - Sections 13 and 18; Industrial Disputes Act, 1947 - Sections 10(3), 22, 23, 24, 26 and 33C; Companies Act, 1956; Essential Services Act; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 25 and 30(2)

Reported in : 2001(2)BomCR447; (2001)1BOMLR112; [2001(91)FLR108]; (2000)IIILLJ25Bom; 2001(1)MhLj708

an employer to move a Civil Court for an injunction in exercise of its jurisdiction underSection 9 of the Code of Civil Procedure, to restrain either the Union or its members from going on strike? The Plaintiffs, a … It is contended that the prohibition contained in Section 22 in case of breach can be punished under Section 26. However, the actual ban on illegal strike cannot be enforced by a Reference. At the highest, the employer … Competent Court and so the Plaintiffs had no right to deduct the wages.It is subsequently averred that Defendants are responsible Unions and are operating in

Union Territory of Chandigarh Vs. Sardara Singh and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Land Acquisition Act, 1921 - Sections 2, 18 and 26(2); Code of Civil Procedure (CPC), 1908 - Sections 35, 53, 122 and 125; Constitution of India - Article 31(2)

Reported in : AIR1981P& H354

of every such award a judgment within the meaning of Section 2, Clauses (2) and (9), respectively, of the Code of Civil Procedure. An appeal against such an award or a part thereof lies to the High Court … intangible, including debts and choses inaction, such as the unpaid accumulation of wages, pension, cash grant and constitutionally protected privy purse. The debts due and … his above noted contention, the learned counsel adopts this process of reasoning. 5. According to sub-section (2) of Section 26 of the Act, which sub-section was brought in by way of amendment by Section 2 of the Land

United States Vs. Cleveland Indians Baseball Co.

Court : US Supreme Court

Subject : Land Acquisition

total wages (as defined in section 3306(b)) paid by [the employer] during the calendar year." Section 3121(a) of the Code establishes the annual ceiling on wages subject to Social Security tax. It does so by defining "wages" to … "on every employer ... equal to [a percentage of] wages ... paid by him with respect to employment." 26 U. S. C. §§ 3111(a), 3111(b), 330l. The Social Security tax provision, § 3111(a), prescribes tax rates applicable

Mohammed Razhur Rehman @ Umesh and Others Vs. State of Karnataka, by S ...

Court : Karnataka

Subject : Land Acquisition

imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted … war, or abetting waging of war, against the Government of India. Whoever, wages war against the [Government of India], or attempts to wage such war, … A3, A4 and A6 are sentenced to undergo simple imprisonment for 3 years for the offence punishable under Section 26 of the Arms Act, 1959. 4. A1, A2, A4, A5 and A6 have preferred Criminal Appeal No.220/2012, whereas,

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

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 … of the central Government. Section 25 requires the employer to display by notice certain abstracts of the Act. Section 26 deals with tne rule-making power. Sub-section (1) of Section 26 provides that the State Government may make rules