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Sep 12 1988

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Decided on : Sep-12-1988

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

Government, as to the purport and effect of the inclusive clause of Sub-section (3) of Section 95 of the Code which provides that in Clause (b) of Sub-section (1), the term 'Court' means a Civil, Revenue or Criminal … the Workmen's Compensation Act, 1923 and Section 18 of the Payment of Wages Act, 1936. These provisions which are almost similar provide that the Tribunal … hereby directs that having regard to the nature of inquiry to be made by the Commission and other Sub-Section (4) and Sub-section (5) of Section 5 of the said Act shall apply to the said Commission.The Commission shall

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Aug 29 1984

Jeewanlal (1929) Ltd. Etc. Etc. Vs. Appellate Authority Under the Paym ...

Court : Supreme Court of India

Decided on : Aug-29-1984

Subject : Service

Acts : Payment of Gratuity Act, 1972 - Sections 4(2)

Reported in : AIR1984SC1842; (1985)1CompLJ318(SC); [1984(49)FLR313]; (1984)IILLJ464SC; 1984(2)SCALE303; (1984)4SCC356; [1985]1SCR664; 1985(1)SLJ38(SC); 1985(17)LC106(SC)

degree of certainty, but also to create and bring into force a self-contained, all embracing, complete and comprehensive code relating to gratuity. The significance of this legislation lies in the acceptance of the principle of gratuity as … a question of substantial importance. The question is whether the words 'fifteen days' wages'occurring in Sub-section (2) of Section 4 of the payment of Gratuity Act, 1972 (hereinafter referred to as the 'Act') in the case of monthly-rated

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Sep 04 1960

Kundan Lal Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Sep-04-1960

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1, 7(2) and 15

Reported in : AIR1961All567; [1961(2)FLR126]; (1961)ILLJ679All

those of the Railway Establishment Code and irrespective of what had been held by the Railway authorities under the Code it was open to the appellant to approach the authority under the Payment of Wages Act for redress … relief under the Payment of Wages Act to the City Magistrate of Agra who had been appointed under Section 15 of the Act as an Authority to hear and decide all claims and disputes arising out of … 1953 he received two bags of money containing a sum of Rs. 4098/-12/- which he was expected to keep locked in an iron safe. He

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Mar 06 1944

Jivanlal Kandas Vs. Ramtuji Bhaiji

Court : Mumbai

Decided on : Mar-06-1944

Subject : Labour and Industrial

Reported in : (1944)46BOMLR795

sought to be attached were part of their wages and that under Section 60 of the Civil Procedure Code, 1908, no part of their wages could be attached. This contention was upheld by the execution Court which … ' wages' has been denned both in Workmen's Compensation Act, VIII of 1923, and Payment of Wages Act, IV of 1936. Under the first Act ' Wages ' is thus denned in Section 2(2) (m) :Wages' includes

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Nov 14 1947

The Manager, the Spring Mills, Ltd. Vs. G.D. Ambekar

Court : Mumbai

Decided on : Nov-14-1947

Subject : Labour and Industrial

Reported in : (1949)51BOMLR148

revise under Section 115 of the Civil Procedure Code a decision of the 'Authority' under the Payment of Wages Act. The applicant is a manager of the Spring Mills, Limited, and as such responsible for the payment … shall be final.'6. Section 18 lays down thatevery Authority shall have the powers of a civil Court under the Code of Civil Procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and … were paid by the applicant the amount of remuneration according to Section 47 of the Factories Act, which provides that where a worker in any

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Dec 15 2000

Sk. Ahmed Vs. Labour Court, Guntur and Another

Court : Andhra Pradesh

Decided on : Dec-15-2000

Subject : Labour and Industrial

Acts : Indian Penal Code (IPC), 1860 - Sections 39, 304-A, 338 and 409; Industrial Disputes Act, 1947 - Secton 2, 11-A; Motor Vehicles Act; Evidence Act, 1872

Reported in : 2001(1)ALD180; 2001(1)ALT3; (2002)IVLLJ342AP

was charge-sheeted by the Police for the offences punishable under Sections 304-A and 338 of the Indian Penal Code read with Section 39(a)(b) of Motor Vehicles Act in CC No.67 of 1989 on the file of learned … the Labour Court, Guntur insofaras it is against the petitioner in denying the continuity of service and back wages. 2. Before adverting to the question relating to the legality and validity of the award, it may be … removing the petitioner from the service of the Corporation by an order 4-8-1989. The appeal preferred by the petitioner to the Divisional Manager was rejected

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Mar 31 1959

Union of India (Uoi) and ors. Vs. Triloki Nath Bhasin

Court : Punjab and Haryana

Decided on : Mar-31-1959

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Punjab Courts Act, 1918 - Sections 44; Constitution of India - Article 227; Payment of Wages Act, 1936 - Sections 1(6), 2, 4(1), 4(2) and 7

Reported in : AIR1961P& H154; [1961(2)FLR348]; (1961)IILLJ62P& H

Act, was decided in his favour. The present revision petition has been preferred both under Section 115 of the Code of Civil Procedure (which is in the same terms as Section 44 of the Punjab Courts Act) and … of March 1958 of Shri Om Parkash Sharma, Senior Subordinate Judge, acting as the Authority under Payment of Wages Act. Triloki Nitth Bhasin respondent preferred a claim under Section 5(2) of the Payment of Wages Act for … ORDERI.D. Dua, J.1. This is a revision under Section 44 of the Punjab Courts Act and under Article 227 of the Constitution

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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

unjustified delay made in paying wages to them. With that object Section 2(vi) of the Act has defined wages. Section 4 fixes the wage period. Section 5 prescribes the time of payment of wages; and Section 7 allows certain … 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

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Jun 30 1992

Western Coalfields Ltd. Vs. Presiding Officer, Central Govt. Industria ...

Court : Madhya Pradesh

Decided on : Jun-30-1992

Subject : Labour and Industrial

Reported in : (1993)IILLJ335MP

Court, Jullundur 1981-I-LLJ-354, wherein it has been laid down that the Payment of Gratuity Act is a complete code containing detailed provisions covering all the essential features of a scheme for payment of gratuity. Parliament intended that … an industrial peace in the colliery. Surprisingly enough the management thereafter issued notices stating that why 8 days wages should not be deducted from the striking workers in terms of Section 9(1) and (2) of the Payment … ORDERM.V. Tamaskar, J.1. On January 4,1980 at about 4.30 P.M. there was a scuffle between Shri P.R. Sakhare,

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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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