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Grand Kakatiya Sheraton Hotel and Towers Employees and Workers Union V ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Andhra Pradesh Shops and Establishments Act, 1988 - Sections 16(3), 47, 47(3) and 47(4), 47(5), 50 and 51; Companies Act; Andhra Pradesh Shops and Establishments Act, 1966 - Sections 40, 40(1) and 40(3); Payment of Gratuity Act, 1972 - Sections 1(3), 2, 3A, 4(1), 7, 7(1), 7(2) and 7(3); Factories Act, 1948 - Sections 2(5), 2(8), 2(10) and 2(11); Industrial Disputes Act, 1947 - Sections 25F; Orissa Administrative Service, Class II (Appointment of Officers Validation) (Amendment) Act, 1992 - Sections 2; Constitution of India - Articles 13, 14 and 19(1), 254(2) and 309

Reported in : AIR2009SC2337; [2009(121)FLR407]; JT2009(4)SC550; (2009)IIILLJ161SC; 2009(3)SCALE371; (2009)5SCC342:2009AIRSCW3149:2009(5)LHSC3456

being a reward for good, efficient and faithful service rendered for a considerable period (vide Indian Railway Establishment Code, Vol. I at page 614 - Chapter XV, Para 1503), there would be no justification for awarding the … months without giving such employee at leastone month's notice in writing or wages in lieu thereof and gratuity amountingto fifteen days' average wages for each … 15 of 1966) (hereinafter referred to as `the 1966 Act') came on the anvil in the year 1966. Section 40 of the 1966 Act provided for conditions for terminating the service of an employee, as also the payment

Ramakrishna Sharma S. and ors. Vs. Inspector of Plantations and ors.

Court : Kerala

Subject : Labour and Industrial

Acts : Plantation Labour Act, 1951 - Sections 2, 36, 39 and 40; Plantation Labour Rules, 1959; Code of Criminal Procedure (CrPC) - Sections 161, 173, 227, 239, 240 and 482; Constitution of India - Article 226

Reported in : (2008)2LLJ789Ker

or taking cognizance. Such a course would not only be contrary to the object and the scheme of the Code but would also result in total wastage of the Court time because of conducting of two trials, one … applicable in the present case as the workers herein are getting monthly wages more than Rs. 750/-. In support of the above contention, counsel for … complaints were barred by limitation. In support of the above contention, the learned Counsel invited my attention to Section 40 of the Act which says:Limitation of Prosecutions.-- No Court shall take cognizance of an offence; punishable under this

The Employees' State Insurance Corporation, Bombay Vs. Bharat Barrel a ...

Court : Mumbai

Subject : InsuranceLabour and Industrial

Acts : Bombay Employees' Insurance Courts Rules, 1959 - Rules 13(3), 16, 17, 42(1) and 42(2); Employees State Insurance Act, 1948 - Sections 75, 76 to 78, 78(2), 80, 96 and 96(1); Code of Civil Procedure (CPC), 1908 - Sections 2, 80 and 129; Limitation Act, 1963 - Schedule - Article 137; Limitation Act, 1908 - Sections 2(10)

Reported in : AIR1967Bom472; (1967)69BOMLR52; [1967(15)FLR369]; (1967)ILLJ625Bom; 1967MhLJ261; (2008)1SCC(L&S)558

payable by or on behalf of an employee whose average daily wages are below one rupee (Section 42(1)). Section 40 provides that the principal employer is to pay in respect of every employee, whether directly employed by him … 'the procedure to be followed in proceedings' before in Employees' Insurance Court. Another instance of Section 80 of the Code of Civil Procedure which requires a notice to be given to the Government or a public officer before

K.T. Advani Vs. the State

Court : Delhi

Subject : Criminal

Reported in : 1985CriLJ1325

1054/83 Cr. 2056/83 Cr. M. 2113/83 and Cr. M. 2120/83 by Rajinder Singh Graver, under Section 482 of the Code of Criminal Procedure, raised common questions of considerable importance, and of some difficulty, with regard to the rights, … against self-incrimination, even though not formally accused by the institution of a complaint and notwithstanding the provisions of Section 40 of the Foreign Exchange Regulation Act;c) The petitioners could not be compelled to write any statement in their

K.K. Ahuja Vs. V.K. Vora and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 141(2); Indian Penal Code (IPC) - Sections 420; Code of Criminal Procedure (CrPC) - Sections 482; Companies Act, 1956 - Sections 2(24), 2(45), 5 and 291; Income Tax Act, 1961 - Sections 278B; Minimum Wages Act, 1948 - Sections 22C; Employees State Insurance Act, 1948 - Sections 86A; Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 14A; Payment of Bonus Act, 1965 - Sections 29; Air (Prevention and Control of Pollution) Act, 1981 - Sections 40; Water (Prevention and Control of Pollution) Act, 1974 - Sections 47

Reported in : 2009(57)BLJR2897; 2009(4)BomCR558; [2009]152CompCas520(SC); JT2009(8)SC691; 2010(1)MPHT164; 2009(II)OLR(SC)292; RLW2009(9)SC2275; 2009(9)SCALE87; (2009)10SCC48; [2009]94SCL; 2009(4)LHSC2621; [2009] 9 SCR 1144

offence under Section 138 read with Section 141 of the Act and Section 420 of the Indian Penal Code. The appellant also alleged that respondents 2 to 9 were directly and actively involved in the financial dealings … Section 278B of the Income Tax Act, 1961, Section 22C of Minimum Wages Act, 1948, Section 86A of the Employees State Insurance Act, 1948, Section … 14A of Employees Provident Fund and Miscellaneous Provisions Act, 1952, Section 29 of Payment of Bonus Act, 1965, Section 40 of The Air (Prevention and Control of Pollution) Act, 1981 and Section 47 of Water (Prevention and Control

The State of Bihar Vs. The Bihar Secondary Teachers Struggle Committee ...

Court : Supreme Court of India

Subject : Education

Hungarian Labour Code, para 2 of Section 111 of the Czechoslovak Code, Section 67 of the Bulgarian Code, Section 40 of the Code of the German Democratic Republic, para 2 of Section 33 of the Rumanian Code. Indeed … For a child to be given good quality education, the teachers must be well qualified and ensured decent wages. In his submission that would be the true import of Rule 20(3) of 2010 Rules and it was

Ansal Housing & Construction Limited vs.regional Provident Fund Co ...

Court : Delhi

Subject : Land Acquisition

the EPF and MP Act, 1952 for the benefit of its employees and consequently was allotted provident fund code No.DL/8493 and ever since then has been scrupulously paying the dues regularly and punctually to its employees. The … payable after their inspection on 16.02.2006 & 18.02.2006 which alleged calculation was on account of labour charges/ labour wages without identification of the labourers/ employees and also included the employees share of contribution and that the petitioner … (hereinafter referred to as the ‘Act'). W.P. (C) 6435/2011 Page 1 of 40 2. Vide the impugned order dated 30.09.2009 of the respondent No.2 under … the learned RPFC i.e. the respondent arrayed to the present petition under Section 14B & 7Q of the Employee's Provident Funds and Miscellaneous Provisions Act,1952

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 … T.C. Vermani, KLR 1985 I 94 (P&H;) G.C.Mital, J. (as he then was) also considered the provisions of Section 40 of the Act and held that 'there is no provision under the Act which enjoins a duty on

Sayyed Mohammed Naushad Vs. State Of Karnataka

Court : Karnataka

Subject : Land Acquisition

the statement of the accused Nos.1 to 6 and 13 was recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused Nos.1, 3, 6 and 6 filed their statements under Section 313(5) of the … the prosecution. P.Ws.26 to 32 are the neighbours, they have not - 40 - CRL.A No.1206 of 2017 C/W CRL.A No.820 of 2017 stated about … unlawful meetings to make the Indian Government insecure and to spoil the unity of the Nation. Further, to wage war against India, the accused persons collected arms and manufactured the ammunitions, conspired and possessed the arms, illegally,

Mr.fakir Ahmed Vs. State Of Karnataka

Court : Karnataka

Subject : Land Acquisition

the statement of the accused Nos.1 to 6 and 13 was recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused Nos.1, 3, 6 and 6 filed their statements under Section 313(5) of the … the prosecution. P.Ws.26 to 32 are the neighbours, they have not - 40 - CRL.A No.1206 of 2017 C/W CRL.A No.820 of 2017 stated about … unlawful meetings to make the Indian Government insecure and to spoil the unity of the Nation. Further, to wage war against India, the accused persons collected arms and manufactured the ammunitions, conspired and possessed the arms, illegally,