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S.M. Datta Vs. State of Gujarat and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173 (8) and 190; Factories Act, 1948 - Sections 51, 52, 53, 54, 55, 56, 58, 61, 61 (1), (2) and (4), 62, 63, 92 and 108 (2); Indian Factories (Amendment) Act, 1891; Factories Act, 1911; Gujarat Factory Rules, 1963 - Rules 87 and 110

Reported in : AIR2001SC3253; 2001(2)ALD(Cri)553; 2001CriLJ4195; 2001(4)Crimes206(SC); [2001(91)FLR853]; JT2001(6)SC631; (2002)ILLJ3SC; 2001(5)SCALE457; (2001)7SCC659; 2001(4)SCT248(SC);

any investigation and criminal proceedings initiated must be allowed to have its own course under the provisions of the Code. The powers of the police ought to stand unfettered to investigate cases where they suspect or even have … these factories were inhuman both as regards working hours, welfare measures and wages. Availability of labour were plenty and as such became rather cheap and … a workman in Group (SIC) was found to be working after the prescribed working hours in violation of Section 63 and as such the occupier under the Factories Act has committed an offence within the meaning of Section

Mohd. Issa @ Raj Vs. State

Court : Delhi

Subject : Education

Court considered the imprisonment in default of payment of fine with reference to various provisions of IPC and the Code of Criminal Procedure, 1973 (in short the Code) and held as under: (SCC pp. 255-60, paras 31-38) 31. … of fine has not been defined in the special enactments i.e. ES Act and the UAP Act, however Section 63 IPC provides that the fine should not be excessive and as per Section 64 IPC the sentence in

Anand Oil Industries Vs. Labour Court, Hyderabad and ors.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2A, 10 and 33-C(2); Payment of Bonus Act, 1965 - Sections 10, 22 and 39; Minimum Wages Act, 1979 - Sections 20 and 24

Reported in : AIR1979AP182

v. Abdul Bhai AIR 1978 SC 1455, declared that 'the Bonus Act speaks. and speak. as a whole Code. on the sole subject of profit based bonus but is silent, on, and cannot therefore annihilate by implication, other … In that petition they also claimed the difference between the actual pay received by them and the minimum wages which they were entitled to receive every month from 5-7-1975 onwards under the Minimum Wages Act, 1948 (Act … event, in the face of the express saving provision contained in S. 63 of the State Act, there is no room for contending that the … reference to the claim of the workmen for minimum bonus payable under Section 10(2) of the Payment of Bonus Ad, 1965 (Act 21 of 1965)

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 … the benefit to the Petitioner Union, we can assume the date of completion of the conciliation proceeding under Section 63(iii) as April 27, 2000 though actually the time limit had expired on July 10, 1999. Even after April

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

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 … that Karra Lakshmamma was a piecetime worker, that she was paid extra wages for working overtime from 12 Noon to 1 p.m. as required by … 8.30 A.M. to 12 noon fixed for her beforehand under Section 61 and was, therefore, a contravention of Section 63 of the Act. Consequently, the respondent, who was the manager of the factory, was prosecuted for having committed

Balkrishna Kashinath Khopkar Vs. A.S. Rangnekar and anr.

Court : Mumbai

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 15, 15(3), 18, 22, 26(1) and 26(4); Bombay Payment of Wages Rules, 1937 - Rules 5 and 24; General Clauses Act - Sections 22; Bombay Shops and Establishments Act, 1948 - Sections 63

Reported in : AIR1957Bom288; (1957)59BOMLR694; ILR1957Bom863

of the Act confers upon the Payment of Wages Authority all the powers of a Civil Court under the Code. of Civil Procedure for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling … an application by an employee of a bakery for payment of over-time wages. The application was made under Section 63 of the Bombay Shops and Establishments Act, 1948 and the question that the Division Bench had actually to

P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

Court : Supreme Court of India

Subject : Labour and IndustrialCompany

Acts : Payment of Wages Act, 1936 - Sections 2, 3, 5, 7, 7A, 15, 15(1), 15(3), 15(4) and 17; Industrial Disputes Act, 1947 - Sections 25O; Madhya Pradesh Industrial Disputes (Amendment) Act, 1983; Madhya Pradesh Industrial Relations Act, 1960 - Sections 9, 36, 61, 64A and 67; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1) and 15; Madhya Pradesh Payment of Wages (Amendment) Act, 1964 - Sections 2 and 3; Factories Act, 1948 - Sections 2, 7(1) and 85(1); Factories (Amendment) Act, 1987; Mines Act, 1952 - Sections 2(1); Plantations Labour Act, 1951 - Sections 2; Indian Railways Act, 1890 - Sections 3; Indian Penal Code (IPC), 1860 - Sections 193, 219, 228 and 405; Employees State Insurance Act, 1948 - Sections 2(17), 40, 85B and 85C; Companies Act, 1956 - Sections 5 and 2

Reported in : AIR2006SC3576; [2005]127CompCas787(SC); (2005)6CompLJ227(SC); [2005(107)FLR826]; JT2005(8)SC544; 2005(7)SCALE519; (2005)8SCC104; [2005]63SCL109(SC); 2006(1)SLJ24(SC)

Matched in: Parties P.C. Agarwala Vs. Payment of Wages Inspector, M.P. and ors.

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 … on the part of the NDMC. To this extent the compact between the parties incorporates a departure from Section 63 of the Contract Act, which would otherwise have made parole evidence admissible on the question of the terms, … 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

Mahadeo and Others Vs. State of Maharashtra through its Secretary, Dep ...

Court : Mumbai Nagpur

Subject : Education

is the first and only enactment of the State Legislature holding the field while the provisions in SS Code on service conditions may at the most constitute a subordinate statutory provision. Thus the two do not stand on … given on 17 August 1991 and as per clause 2 of that permission, management is obliged to pay wages to teachers in the pay scales as prescribed by State Government from time to time. It is in … be followed even by the minority institute. Our attention is drawn to Section 16 of Maharashtra Employees Of Private Schools [Regulation of Conditions of Service] … Mumtaz Post Graduate Degree College v. University of Lucknow- (2009) 2 SCC 630, observes that : "27. Our attention has also been drawn to a

Gujar (A.R.) Vs. State of Maharashtra

Court : Mumbai

Subject : Labour and Industrial

Acts : Bombay Shops and Establishments Act, 1948 - Sections 2, 2(2), 2(4), 2(6), 2(24), 2(25), 2(29), 2(30), 4, 5, 5(1), 5(2), 14, 52 and 63(1); Maharashtra Shops and Establishments Rules - Rule 20; Payment of Wages Act, 1936 - Sections 2 and 2(30); Industrial Disputes Act; Bombay General Clauses Act - Sections 20; Code of Civil Procedure (CPC), 1908 - Sections 11

Reported in : (1968)70BOMLR817; (1969)IILLJ509Bom

although the rule in England is inflexible and there is no proviso to it as is found in the Code of Civil Procedure, still in Bombay on the original side of the High Court, they expect the same … one of the unions representing the workers, namely, the Bombay Tailoring Association, filed an application to recover 'weekly-off' wages on 8 December, 1958 before the Authority under the Payment of Wages Act. That proceeding also terminated in … shops [except the provisions of S. 14 and Sub-section (1) of S. 63 thereof] shall apply with effect from 1 February, 1963.'9. It was urged … the Act under which the notification dated 9 January, 1963, was issued. Section 5 runs as follows : '5. (1) Notwithstanding anything contained in this