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Co-operative Bank Employees Union Vs. New India Co-operative Bank Ltd. ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Bombay Industrial Relations Act, 1946 - Sections 62, 63 and 86

Reported in : (2001)IILLJ657Bom

claim of the Petitioner Union. He has pointed out that Chapter X of the Act is self contained code regulating the conciliation proceeding. For every stage and step limitation is provided for and there is no escape … notice of change under Section 42(2) of the Act demanding revision in wages, dearness allowance and other service conditions of the employees of the Respondent … appears that the industrial dispute could not be settled during the conciliation proceeding within the prescribed period under Section 62 of the Act. By a letter dated January 21, 2000 the Respondent Bank wrote to the Conciliator to

Rowan Cos., Inc. Vs. United States

Court : US Supreme Court

Subject : MRTP

needful rules." 26 U.S.C. 7805(a). Because we therefore can measure the Commissioner's interpretation against a specific provision in the Code, we owe the interpretation less deference than a regulation issued under a specific grant of authority to define … employees. [ Footnote 10 ] This holding relied on the recognition that "[t]he two concepts -- income and wages -- obviously are not necessarily the same. Wages usually are income, but many items qualify as income and … Service Co. v. United States, supra, at 435 U. S. 31 . Section 172 also specified that remuneration for certain services was excepted from "wages." … FUTA as for income tax withholding. Pp. 452 U. S. 250 -263. 624 F.2d 701, reversed. POWELL, J., delivered the opinion of the Court, in

Latha Uchil Vs. Chairman and ors.

Court : Mumbai

Subject : Service

Acts : Maharashtra Employees of Private Schools (Conditions of Service) Act; Bombay Municipal Corporation Act - Sections 62(3); Industrial Disputes Act, 1947 - Sections 11-A; Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rules 13, 14, 15 and 18; Bombay Municipal Corporation Act, 1988 - Sections 62; Maharashtra Grant-In-Aid Code - Rules 6, 7 and 20

Reported in : 2007(1)ALLMR51; 2007(3)BomCR959

this Court on account of this order of dismissal, as according to the petitioner the provisions of Grant-In-Aid Code, do not provide for dismissal without enquiry and no appeal is also provided against such dismissal/termination.3. The petitioner … that even if the order of dismissal is set aside, the petitioners should not be awarded full back wages and for that purpose has relied on the Judgment in U.P.S.R.T.C. v. Mitthu Singh A.I.R. 2006 S.C.W. 4154. … be recruited.The Grant-In-Aid code has been framed pursuant to power under Section 62(c)(3) of the Bombay Municipal Corporation Act, by the Bombay Municipal Corporation under … recognised by respondent No. 5 and petitioner was teaching in the primary section of the school. She was promoted as Head Mistress of primary section

Pahilaj Rai Vs. the Works Manager (Carriage) W. Rly.

Court : Rajasthan

Subject : Labour and Industrial

Reported in : 1971WLN530

Reference was made to Rule 2042 of the Indian Railway Establishment Code, Volume II (hereinafter referred to as the Code) providing that 'the pay and allowances of a railway servant who is removed or dismissed from service cease … Civil Revision No. 185/71 (Who shall hereinafter be called the 'petitioner') under Section 15 of the Payment of Wages Act (Act No. IV of 1936) hereinafter referred to as the Act) against the Works Manager (Carriage) now … the dismissal or removal is illegal, logically it must follow that Rule 62 never, in the eyes of law, came into operation In deciding the

State of Gujarat Vs. Devendraprasad Mahasukhram

Court : Gujarat

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 4, 10, 11, 13, 15, 18 and 18(1); Factories Act, 1948 - Sections 1, 2, 4, 5, 7, 7(1), 7(2), 7(3), 10, 11, 12, 13, 14, 15, 16, 17, 18, 18(1), 18(2), 18(3), 20, 27, 32, 33, 34, 35, 38, 39, 40, 41, 42, 52, 62, 63, 65, 66 and 70

Reported in : (1967)0GLR395; (1966)IILLJ389Guj

to his patients and could not divulge the secrets entrusted to him and he was subject to disciplinary code of conduct and such a noble profession could not, therefore, be considered as commercial establishment. On this ground … or principally employed, whether directly or through any agency, and whether for wages or other considerations, in or in connexion with any establishment, and include … manufacturing process was carried on in the establishment. Chapter IX deals with the machinery for enforcement and inspection. Section 62 provides for maintenance of registers and records and display of notices as per the prescribed rules. Section 63

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 … of Bombay v. Hospital Masdoor Sabha [1960] A.I.R. S.C. 610 : s.c. 62 Bom. L.R. 553, State of M.P. v. Baldeo Prasad [1961] A.I.R. S.C.

Smt. Asha Anil Patil Vs. Shri Madan Rajaram Bagwe and Others

Court : Mumbai

Subject : Service

Acts : Bombay Municipal Corporation Act, 1888 - Sections 62-C(3); Grants-in-Aid Code (For Schools) - Rule 44; Constitution of India - Article 226

Reported in : 1998(1)ALLMR680; 1998(3)BomCR657

the salary had to be paid - The corporation declined to pay the arrears on the ground that the Code did not contemplate the payment of arrears and that the amount had not been claimed within the given … October, 1988. The Education Officer exonerated the petitioner of all the charges and directed reinstatement with full back wages. Respondent No. 2 preferred an appeal which was rejected.On 28th September, 1989 another order of dismissal came to … pointed out the Grant-in-Aid Code was sanctionedby the Government in terms of section 62-C(3) of the Bombay Municipal CorporationAct. At any rate Rule 44 is

Mangalore Ganesh Beedi Works and ors. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Subject : Media and CommunicationLabour and Industrial

Acts : Constitution of India - Articles 14 and 19(1); Beedi and Cigar Workers (Conditions of Employment) Act, 1966 - Sections 2, 3, 4 and 37(3); Maternity Benefit Act, 1961 - Sections 4 and 5

Reported in : AIR1974SC1832; [1974(28)FLR177]; 1974LabIC1237; (1974)ILLJ367SC; (1974)4SCC43; [1974]3SCR221

evidence Last seen together Held, Time gap between last seen and death has to be small INDIAN PENAL CODE, 1890 Section 300: Murder-Circumstantial evidence Accused and victim were last seen together - Enmity between accused and victim … arbitrary, excessive extraneous. Fourth, Section 7(i)(c) regarding entry into industrial premises, Sections 26, 27 regarding annual leave with wages, Section 31 regarding one months's wages in lieu of notice, Section 37 regarding application of Maternity Benefits' Act, 1961 … them. The owner of the factory was prosecuted for violation of Sections 62 and 63 of the Factories Act for failure to maintain the register

Kailash Nath and Associates Vs. New Delhi Municipal Committee

Court : Delhi

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Order 2, Rule 2; Arbitration Act - Sections 8 and 20; Contract Act - Sections 55, 62, 63, 73 and 74; Unfair Contract Terms Act, 1977

Reported in : 2002(3)ARBLR631(Delhi); 99(2002)DLT361

the price of materials to be supplied by him or increase in wages of labour. This is provided these have occurred as a consequence of … of time for completion of a project is essentially a novation in the contract, and by application of Section 62 and 63 of the Contract Act, relieves the opposite party from performing the obligations pertaining to time as … specifications of work and materials with up to date correction slips. iv) General conditions and specifications. v) ISI codes.10. The intention behind this Clause is to give pre-eminence to the Special Conditions of Contract viz-a-viz the General

State of Gujarat Vs. Maganlal Gordhandas Merchant

Court : Gujarat

Subject : Labour and Industrial

Acts : Constitution of India - Article 20; Factories Act, 1948 - Sections 92; Gujarat Factories Rules, 1963 - Rules 94, 95(1) and 110A; Code of Criminal Procedure (CrPC) , 1973 - Sections 258, 397 and 401; Contravention of Fectories Rules

Reported in : 1995CriLJ1581; (1994)1GLR799; (1995)ILLJ206Guj

of acquittal appeals arise from the orders stopping the proceedings of various criminal cases under Section 258 of the Code of Criminal Procedure, 1973 (II of 1974) and since some common questions of importance arise, they are dealt … Rules Rule 94 of the Rules reads as under; '94. Leave with Wages Register:(1) The Manager shall keep a Register in Form No. 18 hereinafter … serial number of such card against the name of such worker in the register of workers maintained under Section 62 read with Rule 88 and a register of child workers maintained under Section 73 read with Rule 93.