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Jul 05 1976

Satsangi Shishuvihar Kelavani Trust and ors. Vs. P.N. Patel and ors.

Court : Gujarat

Decided on : Jul-05-1976

Subject : CivilService

Reported in : (1977)18GLR615

the Tribunal is under para 14 to follow as far as such procedure is applicable, the procedure in the Code of Civil Procedure in respect of matters not provided for in that order. Under Clause (7) of Section … Teacher continued in service and would be entitled to receive his back wages. Opponent No. 1 was engaged in this school on June 11, 1973, … management had proposed termination of the service of this teacher and had sought approval of the D.E.O. under Section 36(1)(b) of the Act as the D.E.O. was the officer authorised in this behalf by the Board. This proposal

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Oct 17 1962

Madanlal Tiwari Vs. the Superintendent and Manager, the Bengal Nagpur ...

Court : Madhya Pradesh

Decided on : Oct-17-1962

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Payment of Wages Act, 1936 - Sections 2, 15 and 23; Central Provinces and Berar Industrial Disputes Settlement Act, 1947 - Sections 36; Madhya Pradesh Central Provinces and Berar Industrial Disputes Settlement (Amendment) Act, 1955

Reported in : AIR1964MP297; 1964MPLJ435

ORDERS.P. Bhargava, J. 1. This revision petition under Section 115 of the Code of Civil Procedure has been directed against the order passed by the District Judge, Durg, at Rajnandgaon, in … out of the order passed by the Authority under the Payment of Wages Act, Rajandgaon, on 28-10-1061 in case No. 7 (c-142) of 1960-61.2. Briefly … the agreement made was finally registered on 28-6-1956 after the observance of due formalities by the Registrar under Section 36 of the Industrial Disputes Settlement Act aforesaid; that according to the terms of the said agreement, it was

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Apr 19 2022

Sunil Kumar Jain Vs. Sundaresh Bhatt

Court : Supreme Court of India

Decided on : Apr-19-2022

Subject : Land Acquisition

fund, gratuity and pension fund are to be paid to the workmen and employees at Dahej Yard under Section 36(4) of the IB Code in priority over other dues, which are also not paid till date. 6.2 It … operations at Dahej Yard were not suspended, the workmen/employees at Dahej Yard are entitled to at least the wages/salaries during the CIRP period. It is submitted that irrespective of whether the wages/salaries for the period during CIRP

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Jun 17 1958

S.P. Awate Vs. C.P. Fernandes and anr.

Court : Mumbai

Decided on : Jun-17-1958

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 47, Rule 1; Constitution of India - Articles 226, 313 and 372; Payment of Wages Act - Sections 241(2), 241(4) and 292; Government of India Act, 1919 - Sections 36 and 276; Railway Code

Reported in : AIR1959Bom466; (1958)60BOMLR1354; ILR1959Bom334

Nor was it disputed that these rules formed part of the Railway Code which was enacted under the authority of the Governor General. What was … petitioner in this case was a ticket collector employed by the railway authorities on the 14th January 1948 on wages which amounted with all the allowances to Rs. 150-8-0, and on the 27th August 1955 he was served … disputed that rules regulating civil services in India including the railway services were regulated by rules framed under Section 36 of the Government of India Act, 1919 and those rules were framed by the secretary of State in

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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)

filed, in the suit, an application under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, praying, inter alia, for an ad-interim temporary injunction restraining the appellant-company and its directors, … labour unrest and risk of threat to human life and property if wages and other dues of the labourers are not paid. The liability of … of the Act. Section 31 provides for alteration of the articles by a special resolution of the company. Section 36 states that when the memorandum and articles of association are registered, they bind the company and the members

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Dec 01 1965

Managing Member Nirmal Industries, Khairatabad, Hyderabad Vs. Naseemud ...

Court : Andhra Pradesh

Decided on : Dec-01-1965

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 15 and 17; Hyderabad Shops and Establishments Act, 1951 - Sections 36 and 37-A; Constitution of India - Article 226; Code of Civil Procedure (CPC), 1908 - Sections 115

Reported in : AIR1967AP370

2(6) of the Payment of Wages Act excluded any bonous or gratuity. It was further alleged that under section 36 of the Hyderabad Shops and Establishments Act an employee is entitled to gratuity only if the termination is … 37-A of Hyderabad Shops and Establishments Act, 1951, Article 226 of Constitution of India and Section 115 of Code of Civil Procedure, 1908 - termination of service - authority under Act of 1936 had no jurisdiction to

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Aug 05 1985

Mandegam Radhakrishna Reddy Vs. Sri Bharathi Velu Bus Service and Pres ...

Court : Andhra Pradesh

Decided on : Aug-05-1985

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10, 25, 25FF, 25FFF, 33C, 33C(1), 33C(2), 36A and 37; Minimum Wages Act, 1948 - Sections 20 and 20(1)

Reported in : AIR1986AP102; (1986)ILLJ336AP

Disputes Act was not a court and either of them was in no way governed either by the Code of Civil Procedure or Code of Criminal Procedure or the Limitation Act. 24. A Division Bench of this … 33-C(2) of the Industrial Disputes Act is barred by the provisions of S. 15 of the Payment of Wages Act, arises quite often and having been further of the opinion that the conflict between the two Division … 37 which are relevant for the purpose of this case are extracted. Section 25 : The Payment of wages Act, 1936, as in force for … was inserted in the Act by the Industrial Disputes (Amendment) Act No. 36 of 1956 and was further amended by Act No. 36 of 1964.

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Feb 08 1996

Deputy Commissioner of Vs. Kicha Sugar Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-08-1996

Subject : Service Tax

32 of 49 FJR) : " We hold that the Bonus Act speaks, and speaks as a whole Code, on the sole subject of profit-based bonus, but is silent on, and cannot, therefore, annihilate by implication, other distinct … amounts paid towards bonus, provision for bonus, ex gratia payment and incentive wages to its employees. He held that these claims were not admissible deductions … nature of bonus governed by the provisions of the Payment of Bonus Act, 1965, and consequently governed by Section 36(1)(ii) of the Income-tax Act or whether it is in the nature of an ex gratia customary bonus, festival

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Jan 27 2014

Bhakta Bahadur and Others Vs. Inspector General of Prisons, State of G ...

Court : Mumbai Goa

Decided on : Jan-27-2014

Subject : Land Acquisition

the victim. 8. The expression œvictim? is not defined in the Prisons Act. The definition of œvictim? in the Code of Criminal Procedure shall, therefore, have to be relied upon. The definition of œvictim? in Section 2(wa) of … Substances Act, 1985 (NDPS Act) and are serving their sentences. They challenge the deduction of 50% of the wages earned by them which have been appropriated to the Common Victims Compensation Fund, which has been created under … to the Common Victims Compensation Fund, which has been created under Section 36-A of the Prisons Act, 1894, as amended by the Prisons (Goa Amendment)

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Jul 25 2007

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

Court : Andhra Pradesh

Decided on : Jul-25-2007

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

the employer;8. Chapter VIII relates to Wages, Conditions for Termination of Services, Appeals, Suspension and Terminal Benefits and Section 36, which relates to fixation of the wage period, provides that every employer shall fix periods in respect of … 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

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