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Nalgonda Co-op. Marketing Society Ltd. Vs. Labour Court and ors.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 7; Andhra Pradesh Shops and Establishments Act, 1966 - Sections 41(3); Limitation Act, 1963 - Sections 5; Code of Civil Procedure (CPC)

Reported in : 1993(2)ALT661; 1993(2)ALT661; [1995(70)FLR680]; (1994)IILLJ716AP; (1994)IILLJ716SC

Court, Tribunal and National Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters namely:- … it stood prior to its amendment).The Payment of Wages Act, 1936 prescribes period of limitation for recovery of wages. Section 33C(2) of the Industrial Disputes Act, 1947 does not prescribe any period of limitation for recovery of any … order of termination dated July 5, 1984, Sri K. Sriramakrishnaiah, the 3rd respondent herein, filed an appeal under Section 41(1) of the Andhra Pradesh Shops and Establishments Act No. 15 of 1966 (hereinafter referred to as the Act)

Dr Debajyothi Mandal vs Fortis Hospital Limited

Court : Karnataka

and filed an application under Order VII Rule 11(a) and (d) read with Sections 9 and 151 of the Code of -5- Civil Procedure seeking rejection of the plaint. The principal contention urged therein is that, even assuming … service and to restore all attendant monetary benefits by way of a mandatory injunction, together with full back wages and consequential benefits.5. The plaintiff, in the plaint, asserts that he is aqualified Cardiothoracic Surgeon with over six … filed an application under Order VII Rule 11(a) and (d) read with Sections 9 and 151 of the Code of -5- Civil Procedure seeking rejection … a contract of personal service barred under Sections 14(1)(b), 14(1)(c) and Section 41(e) of the Specific Relief Act, 1963?(ii) What order? Findings on Point No.(i):-11.

Ex. Constable Narender Bahadur Singh Vs. Uoi and Others

Court : Delhi

Subject : Land Acquisition

same is accordingly dismissed. No costs. Border Security Force Act, 1968 - Section 41(e), 46 - Indian Penal Code - Section 320 - Reinstatement of service with full back wages - to quash order of dismissal -

Anant Ram and ors. Vs. District Magistrate, Jodhpur and anr.

Court : Rajasthan

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 7(2), 15, 15(2), 15(3), 17 and 17(1); Indian Railway Establishment Code - Rule 2044; Constitution of India - Articles 309 and 372; Payment of Wages Procedural Rules, 1937 - Rule 7

Reported in : AIR1956Raj145

on the ground that the orders passed in their cases are covered by Rule 2044, Indian Railway Establishment Code, and by Section 7(2)(h) of the Act.7. The Railway has opposed all these applications, and their contention before … writ applications by five railway servants against the order of the District Magistrate, Jodhpur, under the Payment of Wages Act (No. 4) of 1936 (hereinafter called the Act), and have been heard together as common points have … case.19. In 'Sitaram Ramcharan v. M.N. Nagrashna', 1954 Bom 537 (AIR V 41) (F), Chagla C. J. held that Section 17 only made a direction

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Subject : Civil

Acts : Bombay Shops and Establishments Act, 1939; Bombay Shops and Establishments Act, 1948 - Sections 2, 2(4), 2(7), 2(8), 2(24), 2(25), 2(27), 4, 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, 18, 18(1), 21, 22, 26, 27, 32, 34, 39, 40, 41, 42, 52, 56 and 65; Societies Registration Act, 1860; Legal Practitioners Act; Advocates Act, 1961; Bombay Shops and Establishments Rules, 1948 - Rule 5; Payment of Wages Act - Sections 38-A, 39 and 42-A; Indian Penal Code (IPC), 1860 - Sections 22; Maharashtra Shops and Establishments Act, 1961; Buildings Societies Act, 1884; Industrial Disputes Act - Sections 2; Central Provinces and Berar Goondas Act; Punjab Shops and Establishments Act; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 73; Extension and Amendment Act, 1960

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

Act is deemed to be a public servant within the meaning of section 22 of the Indian Penal Code. An employer is in duly bound under Section 21 on demand to produce all records etc. required to … work dangerous to the life, health or morals. Chapter VII provides for leave, with pay and payment of wages of persons employed in an establishment. Provision is made for application of the provisions of the Payment ol … the Act, viz., Sections 7, 10, 11, 13, 26, 27, 39, 40, 41 or 42, or again if there is contravention of the provisions of

Neelam Kumari Vs. Vith Additional District Judge, Bareilly and Another

Court : Allahabad

Subject : Service

Acts : Payment of Wages Act, 1936 - Sections 15, 15 (1), (2), (3) and (4), 17, 17(1) and 18 - Rules 11 and 12; Code of Civil Procedure (CPC), 1908 - Sections 107 and 141 - Order XLI, Rules 27(1) and 28(1); Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 195

Reported in : 2000(2)AWC1621; [2000(85)FLR647]; (2000)IILLJ549All; (2000)2UPLBEC1422

1936 read with Rules 11 and 12 framed under Act and Order 41 Rule 27 (1) (d) of Code of Civil Procedure, 1908 - power … authority appointed under sub-section (1) of Section 15 shall have all the powers of a civil court under the Code of Civil Procedure. 1908 (V of 1908), for the purposeof taking evidence and of enforcing the attendance of … No. 1 (VIth Additional District Judge. Bareilly) acting as appellate authority under Section 17 of the Payment of Wages Act. 1936.(hereinafter for short, 'the Act'), allowed the application filed by the respondent No. 2 for admission of

Bhartiya Seva Acharya Education Society, (Through Its Secretary) Nagpu ...

Court : Mumbai Nagpur

Subject : Education

period of six months. Rule is made absolute in above terms. No orders as to costs. Civil Procedure Code - Order XLI Rule 27 - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - … 28th March, 2012, passed by the School Tribunal in Appeal No.STC/05/2011, in exercise of its appellate jurisdiction under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as … only after it is established that there is a compliance of Order XLI Rule 27 of CPC as the School Tribunal exercises all appellate powers

Union of India (Uoi) Vs. Saraswat Trading Agency and ors.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 3, 11, 34 and 41; Workmen's Compensation Act, 1923; Payment of Wages Act, 1936; Contract Labour (Regulation and Abolition) Act, 1970; Industrial Disputes Act, 1947; Code of Civil Procedure (CPC)

Reported in : 2010(1)AWC362(SC); JT2009(9)SC648; (2009)6MLJ715(SC)

period prior to the arbitrator entering upon the reference. This is the principle of Section 34, Civil Procedure Code and there is no reason or principle to hold otherwise in the case of arbitrator.(ii) An arbitrator is … the contractor responsible for compliance with the provisions of the Payment of Wages Act, 1936, and the rules made thereunder in respect of the staff … to follow, as they think fit, so long as they are not opposed to law. (The proviso to Section 41 and Section 3 of the Arbitration Act illustrate this point). All the same, the agreement must be in

M/S Bangalore Club vs H N Ramchandra

Court : Karnataka

in the contractual relationship holistically in the perspective of the controlling regulations, in this case the SR and the Code. In other words, the Court has the power to declare the repudiation of the contractual relationship as a … Apex Court observes that "by affording relief of a reinstatement or back wages, the Courts will, in fact, be granting specific performance of the Contracts … enforced by or against an employer. The remedy is to sue for damages. (See Section 14 read with Section 41 of the Specific Relief Act; see Indian Contract and Specific Relief Acts by Pollock and Mulla, 10th edn.,

AkbaruddIn Owais Vs. the Govt. of A.P. Rep., by Its Principal

Court : Andhra Pradesh

Subject : Land Acquisition

FIRs narrate the occurrence in a different spectrum or raise a different facet of the same allegation; while the Code provides for only one trial, it does not bar registration of multiple FIRs as an inviolable principle; neither … communal disturbances in the country; he had abetted and instigated muslims to wage war against the elected Government of India, and had sought to promote … No.5 of 2013 for the offence under Section 153A IPC, and issued a notice to the petitioner under Section 41-A Cr.P.C asking him to appear on 10.01.2013. For the same or a similar speech delivered by him, several