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Hyderabad (Sind) National Collegiate Board and anr. Vs. NavIn Kumar Ti ...

Court : Mumbai

Subject : Service

Reported in : (2004)106BOMLR489

a provision that enquiry under Section 31 and Section 32(6) of the said Maharashtra Universities Act, 1994 than the Code will not be applicable. I do not see any conflict between the provisions of Section 31 and Section … liable to be quashed and set aside and that the petitioner shall pay to the respondent-employee full back wages that are due to him w.e.f. 1st July, 1999 to 3rd November, 2000 minus the subsistence allowance already

M/S. Subhash Silk Mills Ltd. Vs. Mill Mazdoor Sabha and Others

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 24, 28, 32, 59; Constitution of India - Articles 226 and 227; Industrial Disputes Act, 1947; Bombay Industrial Relations Act, 1947; Evidence Act, 1872

Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246

brought on record by the workmen. The Industrial Court is not hide bound either by the Civil Procedure Code or by the Evidence Act. Industrial jurisprudence as developed is to promote industrial peace and resolve industrial or … from the instant declaration. The petitioners have been further directed to pay wages along with the monetary benefits from the date of imposition of the … to point out, that the lock out imposed was illegal. Once that be so and more so considering section 32 of the M.R.T.U. & P.U.L.P. Act, 1971, it cannot be said that Industrial Court was not closeted with

Devi Ahilya Bai Ghatge Uccha Shiksha Samiti and anr. Vs. State of M.P. ...

Court : Madhya Pradesh

Subject : Labour and Industrial

Acts : Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 7A, 7A(1), 7A(2), 7A(3A) and 16(1); ;Code of Civil Procedure (CPC) , 1908 - Sections 27, 28, 29, 30, 31 and 32 - Order 15, Rule 10; Constitution of India - Articles 226 and 227; Indian Penal Code (IPC) - Sections 193, 196 and 228; Motor Vehicles Act, 1939 - Sections 68D

Reported in : [2006(111)FLR70]; (2007)ILLJ78MP; 2006(3)MPLJ541

by the said authority issuing non-bailable warrant of arrest and restraining the said respondent from taking action under Section 32 of the Code of Civil Procedure (hereinafter referred to as the C.P.C.).2. Petitioner No. 1 is a society … determination of the amount of contribution becomes very relevant and if for calculating the said amount, records like wages register, balance sheet, etc., are necessary, it is for the competent authority to take a decision in the

Union of India (Uoi), Rep. by Divisional Railway Manager (Commercial) ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1(6), 2, 3, 4, 5, 6, 7 to 13, 15, 15(1), 15(2) and 15(3); Payment of Wages (Amendment) Act, 1999; Minimum Wages Act, 1948 - Sections 2, 15 and 22F(1); Railways Act, 1989 - Sections 2(20) and 2(32); Limitation Act, 1963 - Sections 5; Andhra Pradesh Minimum Wages Rules, 1960 - Rule 28; Payment of Wages (Procedure) Rules, 1937 - Rule 8, 8(2) and 8(3); Constitution of India - Articles 226, 300 and 300(1); Code of Civil Procedure (CPC) , 1908 - Sections 11, 79 and 80

Reported in : 2008(5)ALT260

a party stems from the provisions of Article 300 of the Constitution of India and Section 79 of the Code of Civil Procedure, 1908 (for short, 'CPC'). Article 300(1) contemplates that the Government of India may sue or … District Judge, West Godavari, Eluru and the various consequential orders passed by the Authority under the Payment of Wages Act, 1936 & Deputy Commissioner of Labour, Eluru, (for short 'the Authority') in favour of the respondents for … No. 26435 of 2000, WPMP. No. 22236 of 2001 and WVMP. No. 3283 of 2001 in WP. No. 17748 of 2001, WPMP. No. 5239 of

State of Gujarat and Anr. Vs. Hon'ble High Court of Gujarat

Court : Supreme Court of India

Subject : Labour and IndustrialConstitution

Acts : Constitution of India - Articles 4, 17, 18, 21, 23, 24 and 300A; Indian Penal Code (IPC) - Sections 53, 55, 60, 148, 149, 325 and 374; Minimum Wages Act, 1948 - Sections 3, 5, 12 and 59; Minimum Wages (Central) Rules; Code of Criminal Procedure (CrPC) - Sections 357; Kerala Prison Rules - Rule 384; Travancore-Cochin Prisons Act, 1950; Uniform Crime Victims Reparation Act

Reported in : AIR1998SC3164; 1998(2)ALD(Cri)691; 1998CriLJ4561; 1998(4)Crimes12(SC); (1999)1GLR141; JT1998(6)SC530; 1998(5)SCALE410; (1998)7SCC392; [1998]Supp2SCR31; 1999(1)LC714(SC)

particular section of the convicted prisoners who were sentenced to rigorous imprisonment. Section 53 of the Indian Penal Code which falls under the Chapter entitled 'Of Punishments' vivisects punishments into five categories, of which the category 'imprisonment' … quantum of wages payable to the prisoners we are persuaded to take into account the contemporary legislative exercises on wages. Minimum wages law has now come to stay. This Court has held that minimum wage which is sufficient … the criminal justice system. In this case accused was convicted Under Sections 325, 148 and 149 IPC. Power of speech of the victim was impaired

Barindra Kumar Ghose and ors. Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : (1910)ILR37Cal467

under Sections 121, 121A and 122 of the Indian Penal Code.25. It is provided by Section 196 of the Code of Criminal Procedure that no Court shall take cognizance of any offence punishable under Chapter VI of the … of the Indian Penal Code.78. Section 121 is in these terms: 'Whoever wages war against the Queen, or attempts to wage such war, or abets … of course be by any of the recognised modes of proof, and, amongst others, by statements admissible under Section 32.' And one can readily imagine cases in which circumstantial evidence might be immeasurably superior to most, if not

Barihdra Kumar Ghose and ors. Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : 7Ind.Cas.359

under Sections 121, 121A and 122 of the Indian Penal Code.21. It is provided by Section 196 of the Code of Criminal Procedure that no Court shall take cognizance of any offence punishable under Chapter VI of the … of the Indian Penal Code.69. Section 121 is in these terms: 'Whoever wages war against the Queen, or attempts to wage such war, or abets … of course, be by any of the recognised modes of proof, and, amongst others, by statements admissible under Section 32.' And one can readily imagine cases in which circumstantial evidence might be immeasurably superior to most, if not

Kohinoor Tobacco Products Pvt. Ltd. Vs. Presiding Officer, Second Labo ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Payment of Bonus Act, 1965 - Sections 10 and 22; Industrial Disputes Act, 1947 - Sections 33C(2)

Reported in : AIR1986Bom340; 1986(3)BomCR106; (1985)87BOMLR387

Section 22 of the Payment of Bonus Act, 1965?Whether the Payment of Bonus Act, 1965 is a complete Code for bonus payable under the said Act? If the answer is in affirmative, whether an application under Section … claims for minimum bonus under the Bonus Act as well as minimum wages under the Minimum Wages Act. The employer rushed to the Court for … person who is entitled to the payment of bonus under this Act who is no longer in employment'. Section 32 specifies the class of employees to which the Act does not apply. Three sections which fall for close

Bachan Singh Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 12, 14, 19, 19(1), 21, 31 and 32; Indian Penal Code (IPC), 1860 - Sections 34, 149, 302, 235 and 235(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354, 354(3), 366(1), 367, 367(5), 369 and 379

Reported in : (1982)3SCC24; [1983]1SCR145a

of the Section mentions 'Death' as one of such punishments. Regarding 'death' as a punishment, the authors of the Code say : 'We are convinced that it ought to be very sparingly inflicted, and we propose to employ … Section 9(1) laid down the principles that the Wage Board was to follow in fixing the rates of wages of working journalists.51. One of the contentions of the petitioners in that case was that impugned Act violated … 165, 179, 434, 89, 754, 756 and 976 of 1979) under Article 32 of the Constitution directly challenging the constitutional validity of the death penalty

Khemabhai Virabhai and ors. Vs. Ashok Mills Co. Ltd. and ors.

Court : Gujarat

Subject : Labour and Industrial

Acts : Constitution of India - Article 227; Industrial Disputes Act, 1947 - Sections 33C and 33C(2); Bombay Industrial Relations Act, 1946 - Sections 2 and 3(13)

Reported in : (1989)1GLR80; (1994)IIILLJ1020Guj

cases, in the position of an executing Court like the executing Court in execution proceedings is governed by the Code of Civil Procedure, the Labour Court would be competent to interpret the award on which the claim is … forward by the Hospital employees was in respect of the difference in wages between the wage actually paid and the wages to which they were … the scheme of the said statute that even if an individual employee has been permitted to appear under Section 32 or Section 33 thereof at the initial stage, as soon as a representative Union files its appearance, the