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Hindustan Machine Tools Ltd. Vs. Labour Court and anr.

Court : Rajasthan

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 59; Industrial Disputes Act, 1947 - Sections 19 and 33C(2)

Reported in : (1993)IILLJ1219Raj; 1993(1)WLC698

the Industrial Disputes Act, 1947 (for short 1947 Act) claiming computation of their overtime wages in terms of Section 59 of 1948 Act. The workman claimed that they had worked overtime and the company was under an obligation … quarter. It can, therefore, be said that Chapter VIII is a complete code in itself providing for the number of working hours and working days … 48 hours in any week. The rate of such overtime is two times of his ordinary rate of wages. Section 64(iv) further provides that the total number of hours of overtime shall not exceed 50 for any one

State of Gujarat and Anr. Vs. Hon'ble High Court of Gujarat

Court : Supreme Court of India

Subject : Labour and IndustrialConstitution

Acts : Constitution of India - Articles 4, 17, 18, 21, 23, 24 and 300A; Indian Penal Code (IPC) - Sections 53, 55, 60, 148, 149, 325 and 374; Minimum Wages Act, 1948 - Sections 3, 5, 12 and 59; Minimum Wages (Central) Rules; Code of Criminal Procedure (CrPC) - Sections 357; Kerala Prison Rules - Rule 384; Travancore-Cochin Prisons Act, 1950; Uniform Crime Victims Reparation Act

Reported in : AIR1998SC3164; 1998(2)ALD(Cri)691; 1998CriLJ4561; 1998(4)Crimes12(SC); (1999)1GLR141; JT1998(6)SC530; 1998(5)SCALE410; (1998)7SCC392; [1998]Supp2SCR31; 1999(1)LC714(SC)

who were sentenced to rigorous imprisonment. Section 53 of the Indian Penal Code which falls under the Chapter entitled 'Of Punishments' vivisects punishments into five … quantum of wages payable to the prisoners we are persuaded to take into account the contemporary legislative exercises on wages. Minimum wages law has now come to stay. This Court has held that minimum wage which is sufficient … implements used by them are supplied by the prison authorities a certain amount is deducted from their earnings. Section 59 gives power to the State Government to make rules. Clauses (11) and (12) of Section 59 empower the

M/S. Whirlpool of India Ltd., Faridabad Vs. Presiding Officer, Labour ...

Court : Punjab and Haryana

Subject : Labour and Industrial

Reported in : (2000)ILLJ1177P& H; (1999)123PLR800

claimed by an Industrial employee is, in such cases, in the position of an execution proceedings governed by the Code of Civil Procedure the Labour Court under S. 33C(2) would be competent to interpret the award on which … not being beyond circumstances under his control. The person concerned has been acquitted. He claimed reinstatement and back wages. Section 33-C(2) of the Act had been pressed into service. The Supreme Court held that in the peculiar facts … the case of Union of India v. Gurbachan Singh, (1997) 5 SCC 59 : (AIR 1997 SC 2641), the workman had entered Into service but

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 … and grants from the Government. As per the records, she had received 59,015/- as wages from the society. But according to her she has not

Sunil Kumar Jain Vs. Sundaresh Bhatt

Court : Supreme Court of India

Subject : Land Acquisition

of the IB Code defines “Insolvency Resolution Process Cost”. It is submitted that as per Section 5(13) of the Code, “Insolvency Resolution Process Cost” means any 9 costs incurred by the RP in running the business of the … 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 … Under the Companies Act, 1956 (hereinafter referred to as “1956 Act”), Section 59A provided that workmen’s dues and debts due to secured creditors in terms

Prem Singh and Others Vs. Govt. of Nct of Delhi Through Commissioner o ...

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

Subject : Land Acquisition

a measure of plea-bargaining. Foremost along them being traffic, municipal and other petty offences under the India; Penal Code, mostly committed by the young and/or the inexperienced. The cruel result of a conviction of that kind and … as per his rank in the relevant seniority list but he will not be entitled to any back wages. Let the directions and orders as ordained above be complied with as expeditiously as possible but not later … cause notice stating that the FIR No.39/2007 was registered against him under Sections 321/341/143 IPC but challaned under Sections 321/341/325 IPC by the local Police

Rajendranagar Municipality Rep. by Its Commissioner Vs. B.V. Perraju a ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10(1), 33C, 33C(1) and 33C(2); Factories Act, 1948 - Sections 51 to 59, 59(1) and 59(4); Minimum Wages Act, 1948 - Sections 2; ;Administrative Tribunals Act, 1985 - Sections 28; Workmen's Compensation Act; Code of Civil Procedure (CPC) ; Evidence Act, 1872 - Sections 57, 57(1), 58 and 74; Industrial Disputes (Central) Rules, 1957 - Rule 62(2)

Reported in : 1995(2)ALT320

to work on such days and that they are entitled to overtime wages in law by virtue of Section 59 of the Factories Act, 1948 which is denied to them by the petitioner. The entitlement to such a … labour Court exercising powers therein, is in a position of an executing Court in execution proceedings governed by the Code of Civil Procedure. The provision takes within its purview cases of workmen who claim that the benefit to … the Factories Act) in the premises of the petitioner as workers (Section 2(1) of the Factories Act) for wages (Section 2(h) of the Minimum Wages Act). Thus the petitioner is an industry (Section 2(j) of Industrial Disputes Act,

All India Labour Union Vs. Jeewanlal (1929) Ltd. and anr.

Court : Mumbai

Subject : Labour and Industrial

Acts : Maharashtra Recognition of Trade Unions and Protection of Unfair Labour Practices Act, 1971 - Sections 30 and 59; Industrial Disputes Act

Reported in : (1986)88BOMLR560; (1995)IIILLJ755Bom

in the previous suit'Mr. Dharap submits that though this passage expounds a rule appearing in Order XXIII of the Code of Civil Procedure, the principle would apply also to proceedings under Industrial legislation. Counsel for the employer questions … the notice the employer proposed to effect a substantial reduction in the wages payable to its different classes of workers. The change was opposed by … been given notice of or had been carried out by the employer. Thirdly, there was the bar of Section 59 of the PULP Act. Proceedings under the ID Act had already begun, and for that reason, Section 59

Bikram Chatterji Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

before the National Company Law Tribunal (for short, ‘the NCLT’) under Section 7 of the Insolvency and Bankruptcy Code, 2016 for triggering the Corporate Insolvency Resolution Process in the matter of M/s. Amrapali Silicon City Private Limited, … Rs.9 crores were available in cash in various group companies. The entire amount was spent on payment of wages due to various labours at different times. With respect to other recoverable advanced to various parties amounting to … of Baroda as against Amrapali Silicon City Pvt. Ltd. and M/s. Ultra-Home 59 Constructions Pvt. Ltd. There were legal impediments/force majeure conditions in completing the

The Public Prosecutor Vs. Vattem Venkatramayya

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 59, 63, 64, 65, 92, 101 and 117; General Clauses Act - Sections 3(22)

Reported in : AIR1963AP106; 1963CriLJ283; [1962(5)FLR180]; (1962)IILLJ21AP

that she was paid extra wages for working overtime from 12 Noon to 1 p.m. as required by Section 59 of the Act and that the respondent bona fide believed that he could employ casual labour overtime, subject … 3(22) of the General Clauses Act. 'Due care and attention' stipulated by Section 52 of the Indian Penal Code is not prerequisite. The special provision for exemption from criminal liability enacted by Section 101 cannot be imported