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Rashtriya Chemicals and Fertilisers Limited and ors. Vs. Ramesh Kamble ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - Sections 25, 39, 44 and 48(1)

Reported in : [2003(96)FLR970]; 2003(1)MhLj178

groundless, but that does not mean that the accused cannot approach the High Court under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against him when the complaint does not … real ground or reason to file the criminal complaint was to pressurise the petitioners to pay three days wages of the strike period which were deducted from the wages of the employees at the relevant time. According … respectively. The petitioners have challenged the issuance of the process under Section 48(1) of the M.R.T.U. and PULP Act, 1971 in the aforesaid criminal complaint

Town Municipal, Council, Athani Vs. the Presiding Officer, Labour Cour ... Overruled

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 33-C(2); Minimum Wages Act, 1948 - Sections 20(1); Limitation Act, 1963 - Schedule - Article 137; Code of Criminal Procedure (CrPC) , 1898; Code of Civil Procedure (CPC), 1908 - Sections 48 and 195

Reported in : AIR1969SC1335; [1969(18)FLR373]; (1969)IILLJ651SC; (1969)1SCC873; [1970]1SCR51; MANU/SC/0331/1969

dealt with the argument advanced that the reason for holding that article 181 was confined to applications under the Code was that the article should be construed ejusdem generis and that, as all the articles in the third … by the workmen by filing applications under section 20(1) of the Minimum Wages Act No. 11 of 1948; and, since that Act was a self-contained … limitation for an application, for which no period of limitation was provided elsewhere in the schedule or by section 48 of the CPC, 1908, would be three years, and the time from which the period would begin to

Viveck Goenka Vs. Raju Son of Kantilal Rangari and ors.

Court : Mumbai Nagpur

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Section 482, 397; Constitution of India - Articles 227, 226; Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 - Section 48 (1)

1. Heard. Admit. Heard forthwith by consent of parties. By this application under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the applicant prays for to quash … 2.8.1996 and they were also directed to pay 50% of the back- wages to the complainant from 22.8.2000 to 11.9.2003. Since the judgment & order … Criminal (ULPA) No. 37 of 2009 whereby Judge, 4th Labour Court, Nagpur was pleased to issue process under Section 48 (1) of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971. 2. It

Sita Ram and ors. Vs. Bashi Ram Gobind Singh

Court : Punjab and Haryana

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 25, 26, 30, 31, 35, 45, 48, 54, 141 and 152 - Order 9, Rules 8 and 9 - Order XXII - Order XXXVIII; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2, 3, 10, 25, 31 and 44; Displaced Persons (Claims) Act, 1950 - Sections 10 and 13; Indian Limitation Act, 1908; Land Acquisition Act; Workmen's Compensation Act; Payment of Wages Act - Sections 15(3); Constitution of India - Articles 226 and 227

Reported in : AIR1962P& H239

be recorded directs service in any of the other modes specified in the first schedule to the Code; section 48 makes the provisions of Order XXII of the Code inapplicable to proceedings under the Act and section 54 … Pun LR 477: (AIR 1946 Lah 316)(FB) wherein the question was whether an authority under the Payment of Wages Act is a Court subordinate to the High Court, and it was held that the authority was a

Williams Vs. Jacksonville Terminal Co.

Court : US Supreme Court

Subject : Land Acquisition

equal additional amount as liquidated damages. Jurisdiction of the action was conferred by § 24(8) of the Judicial Code, 28 U.S.C. § 41(8), and by § 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b). … Labor Standards Act. P. 315 U. S. 403 . Page 315 U. S. 387 6. The words "pay wages" in § 6 of the Act are not to be interpreted as limited to money passing from the … could not validly exercise the power, because of the Railway Labor Act. 48 Stat. 1185. The applicable provisions are quoted in the note below. [ … of the red caps' representative for certiorari was granted. 314 U.S. 590. Section 6 of the Act requires every employer to pay each employee engaged

Syndicate Bank Vs. A. Raghupathy Bhat

Court : Karnataka

Subject : Service

Acts : Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Indian Penal Code (IPC) - Sections 34, 201 and 302; Syndicate Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 - Regulations 12, 12(1), 12(2), 15 and 15(1)

Reported in : [2006(110)FLR338]; ILR2005KAR5587; 2006(1)KarLJ146; (2006)IILLJ171Kant

registered for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and under Section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989 in case No. 19/1994 … the behest of the management, under no circumstances he would be entitled to payment of full pay and wages on being acquitted in the criminal case. It is immaterial whether he has been acquitted on the ground … custody whether on a criminal charge or otherwise, for a period exceeding 48 hours or from the date of conviction when he is sentenced to

South India Estate Labour Relations Organisation by Its Secretary, Rep ...

Court : Chennai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 10; Minimum Wages Act, 1948; Code of Civil Procedure (CPC) , 1908; General Clauses Act, 1897 - Sections 6

Reported in : AIR1955Mad45

-references under the Act acts judicially; Section 11 of the Act makes several provisions of the Civil Procedure Code applicable to the proceedings before it; and its decision was, prior to the enactment of the Industrial Disputes-(Appellate) … is raised in this application is whether it is competent to the Government to refer a dispute concerning wages to adjudication by a Tribunal under Section 10, In-Dustrial Disputes Act, 14 of 1947, after there had been … decision was, prior to the enactment of the Industrial Disputes-(Appellate) Tribunal Act 48 of 1950, open to consideration by the High Court under Article 226

Abdul Aziz Ansari Vs. the State of Bombay

Court : Mumbai

Subject : Sales Tax

Acts : Bombay Sales Tax Act, 1953 - Sections 34, 48(1) and 48(2); Bombay Sales Tax (Procedure) Rules, 1954 - Rule 42; Bombay Sales Tax Act, 1946 - Sections 2(3), 12(3-A), 23, 24, 24(1), 24(2), 30(2), 31(1), 33, 49, 49(2), 50 and 50(2); Bombay General Clauses Act, 1904 - Sections 7; General Clauses Act, 1897 - Sections 6; Code of Civil Procedure (CPC), 1908 - Order 20, Rule 1; Payment of Wages (Procedure) Rules, 1937 - Rule 8 and 8(3)

Reported in : AIR1958Bom279; (1957)59BOMLR1259; ILR1958Bom375; [1958]9STC135(Bom)

out that this case turned on the specific provisions of Order XX, Rule 1, of the Civil Procedure Code, which require that a judgment shall be pronounced in open Court, and if it was not so delivered, … (A). We were there concerned with Rule 8 of the Payment of Wages (Procedure) Rules, 1937. The proviso to Sub-rule (3) of Rule 8 was … the State of Bombay urges that there is an intention to the contrary manifest in the provisions of Section 48 Sub-section (2) of the Act of 1953. Now, before we turn to these provisions, as a mere matter

S. Mohan vs State of Kerala

Court : Kerala

the summons.4. The petitioner, who is accused No.9 and accused No.10,filed applications seeking discharge under Section 239 of the Code of Criminal Procedure, contending that the prosecution materials do not reveal the offences alleged. The learned Special Judge … was either the petitioner or his wife, the first accused, or the 8th accused, who have paid them wages. All the witnesses have stated that they have not received the actual amount shown as wages in the

Deputy Engineer, Zilla Parishad, Umred and ors. Vs. Shantaram Ramaji a ...

Court : Mumbai

Subject : ArbitrationLabour

Reported in : 1996(5)BomCR504; (1997)IILLJ262Bom; 1996(2)MhLj116

limitation for an application, for which no period of limitation was provided elsewhere in the schedule or by Section 48 of the Code Of Civil Procedure, 1908, would be three years, and the time from which the period … Court, Nagpur, under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, 'the Act'), claiming difference of wages in accordance with the Kalekar Award for the period from 1968 to 1976. Some applications were filed on