Judgment Search Results Home > Cases Phrase: coal mines provident fund and miscellaneous provisions act 1948 schedule ii second schedule Page 4 of about 178 results (0.134 seconds)

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... accord with the provisionsthereof which reconstitute under differentnames governments and authorities in indiaand prescribe the distribution of legislativeand executive powers between the federation and the provinces: provided that no such law as aforesaidshall be made applicable to any federatedstate by an order in council made under this section. in this section the expression ..... lies under the company law, workmen compensation's act, industrial law, service matter etc. there are thousands of tribals who are employed in factories, mines and other big organisation in kolhan and if any dispute arises regarding their dismissal and suspension from service or their transfer they have no court to ..... reside there in majority. 77. there are other deficiency in the said rule also. for example, in kolhan area there are at present factories, mines and offices of big companies like tisco etc. have cropped up. if any dispute or grievance arises in kolhan due to dismissal, wrongful transfer etc. .....

Sanghvi Jeevraj Ghewar Chand and ors. Vs. Secretary, Madras Chillies, ...

Court : Supreme Court of India

Reported in : AIR1969SC530; (1969)ILLJ719SC; [1969]1SCR366

..... in force or in terms of any award, agreement, settlement or contract of service made before may 29, 1965. section 35 saves the provisions of the coal mines provident fund and bonus schemes act, 1948 or any scheme made thereunder. section 35 empowers an appropriate government having regard to the financial position and other relevant circumstances of ..... to retain a previous provision of law under which bonus was payable or was being paid it has expressly saved such provision. thus, under section 35 the coal mines provident fund and bonus schemes act, 1946 and any scheme made thereunder are saved. if, therefore, parliament wanted to retain the right to claim bonus by way of ..... those who are either excluded or exempted from the act it would have made an express saving provision to that effect as it has done for employees in coal mines.15. besides, the construction suggested on behalf of the respondents, if accepted, would result in certain anomalies. take two establishments in the same trade or .....

Premlata Digambar Rao Deo Vs. Principal, St. Philomine's Convent High ...

Court : Mumbai

Reported in : 1997(4)ALLMR377; 1997(2)BomCR591; [1997(75)FLR897]; (1997)IILLJ1050Bom

..... are within the benign contemplation of the act.' further, we may also refer to a recent decision of the supreme court in the matter of regional provident fund commissioner, jaipur v. narayani udyog, reported in 1996 xi llj 1063 wherein the apex court while dealing with the definition of 'establishment' with reference to ..... definitions and section 2(c) defines 'employee' as follows : '(e) 'employee' means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oil field, plantation, ort, railway company or shops, to do any stilted, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether the terms of such ..... to be made either on his superannuation or retirement, resignation or on his death or disablement due to accident or disease. section 5 provides for exemption to any establishment, factory, mine, oil field, plantation, port, railway company or shop to which the said act applies from the operation of the provisions of the .....

Alka Synthetics Ltd. Vs. Securities and Exchange Board of India and or ...

Court : Gujarat

Reported in : [1995]95CompCas663(Guj)

..... of tax, etc., was at issue. the question that specifically had arisen was a provision for levying penalty on an exempted establishment under the employees' provident funds and miscellaneous provisions act, 1952, was existing under section 14(2a) of the act where such exempted establishment has contravened any of the conditions subject ..... other mode is not acquisition or taking possession under article 300a. in other words, if there is no law, there is no deprivation. acquisition of mines, minerals and quarries is deprivation under article 300a.' 120. it transpires from above that the court was dealing with extinguishment of mineral right, which was ..... , the regulations framed for such imposition of fees and the demands made therefor are wholly unauthorised and illegal and reiterating the view taken by the supreme court in hingir rampur coal co. ltd. v. state of orissa, : [1961]2scr537 , sri jagannath ramanuj das v. state of orissa, : [1954]1scr1046 , and delhi municipal corporation v. mohd .....

Baroda Borough Municipality Vs. Its Workmen

Court : Supreme Court of India

Reported in : AIR1957SC110; (1957)59BOMLR235; (1957)ILLJ8SC; [1957]1SCR33

..... regard to its electrical undertaking, including a capital account showing capital expenditure and capital receipts; separate accounts were also kept of the reserve fund, depreciation fund, provident fund etc. it was argued that the maintenance of these separate accounts showed that the baroda municipality did treat the income of the electricity department ..... to salaries and other allowances of the staff of officers and servants employed by the municipality; their pensions, gratuities or compassionate allowances on retirement, and provident fund etc. it was pointed out that under s. 58 the baroda municipality had no power to make rules for the payment of bonus to its ..... , a formal order of handing over was made, subject to certain directions reserving the rights of the employees in the matter of pension, gratuity, provident fund, continuity of service etc. in 1951, there was an industrial dispute between the baroda barough municipality and the workmen employed in the electric department with .....

Home Communication Ltd. and anr. Vs. Union of India and ors.

Court : Delhi

Reported in : 1993IIIAD(Delhi)1013; 52(1993)DLT168

..... of india, (1962) suppl. 3 s.c.r. 837. in this case there was a certain scheme under the provident funds act, 1952, for the establishments of the provident fund. the scheme provided for contribution by the employer to the provident fund at 12 of the basic wages and dearness allowance, and it was to be borne equally by the employer and the ..... the court said the latest notification was unconstitutional and void. the court further said that though the scheme was well designed to carry out the intentions of the provident funds act in its application to workmen directly employed, but it broke down in extension to contract labour as in that case the employer would not be able to ..... in this regard, it is submitted that presently no lease charges are payable for the transponders of the indian satellites by the user department since the funding for the satellites is being provided from the budget of the department of space as part of its r&d; plan. if such lease charges become payable in the future, the .....

Commissioner of Agricultural Income-tax Vs. Phalton Sugar Works Ltd.

Court : Mumbai

Reported in : [1980]121ITR920(Bom)

..... of 14 items of expenditure which have been set out in the statement of the case as follows : 1. repairs to buildings (actual). 2. gratuity paid (actual). 3. provident fund account (actual). 4. insurance-workers. 5. sanitation and dispensary. 6. travelling and motor car expenses. 7. postage, telegram, stationery and printing. 8. miscellaneous expenses. 9. ..... in a proper state of repairs. the staff will also need medical attention and other amenities which are normally afforded to employees nowadays. the benefit of provident fund can hardly be denied to them when it has become the accepted and normal feature in all forms of employment in modern times. if any motor ..... those which fell to be considered by the supreme court. it also allowed the assessees' contribution to the provident fund on the ground that the employees were engaged at the farm and the contribution to their provident fund was in a way remuneration or salary paid to them. the other expenses allowed by the allahabad high .....

Durga Das Bhattacharya and ors. Vs. Municipal Board

Court : Allahabad

Reported in : AIR1962All277

..... safety and convenience', which is suggestive of a regulatory power in the interest of public safety and convenience. section 298 (1) provides that a bye-law can be framed for purposes of 'public safety and convenience', of the inhabitants of a municipality as, also ..... ' the service arising incidentally in connection with some comprehensive governmental function''. (the underline (here in ' ' marks--ed.) is mine). again at page 216 taylor observes as follows:'a much greater danger in extension of the fee system is in its tendency to ..... of british columbia v. esquimalt and nanaimo ry. co., 1950 ac 87 that relevant as the consideration is whether the fund raised did not fall into the general mass of the proceeds of taxation its importance should not be exaggerated. having carefully ..... may be made the implement of the exercise of the state's police power'. again, stone, j., said in carmichael v. southern coal and coke co., (1936) 301 u. s. 495 : 81 law ed 1245 (1252).''taxes, which are but the means .....

Collector of Tiruchirapalli Vs. Trinity Bank Ltd., Trichirapalli and a ...

Court : Chennai

Reported in : AIR1962Mad59; [1962]44ITR189(Mad)

..... of a judgment debtor were placed under the management of a receiver appointed in an execution proceeding and the receiver realised a large amount by granting leases of coal mines in a village which were attached in execution of another decree and the amount was lying with the receiver. an application for reteable distribution was filed by the ..... in the absence of any clear rule to the contrary why is he not to be entitled to crave as auxiliary to his legal remedy the equitable remedy provided by order xl, rule 1 of the appointment of a receiver?"the provision of the civil procedure code create only procedural rights which cannot come into play in the absence ..... really enlarge the scope of the mortgage. the true nature of the proceeding is that the court creates a machinery whereby the mortgagor is prevented from dissipating the funds which would normally be used to defray the interest on the mortgage, the object of the machinery being simply to prevent the mortgagor from profiting by the law .....

Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 1988(1)BomCR188; 1987MhLJ955

..... not discharged fully out of the amount of rs. 6.10 crores. all dues including gratuity of employees in the undertaking, arrears relating to contributions towards provident fund and contributions under the employees' state insurance act, 1948 payable by the proprietors are included in category 1 of schedule. section 26 gives overriding effect to ..... . every scheme of nationalisation must involve expert opinion. for ultimate success of a scheme various factors-present and future, anticipated and unanticipated play their part. providing for sufficient degree of flexibility thus becomes inevitable part of the scheme. this means exercise of some discretion keeping in view the object of the act depending ..... case of d.k. trivedi v. state of gujarat, a.i.r. 1986 sc 1323 in the context of validity of section 139(1) of the mines and minerals (regulation and development) act, 1957, this is what the supreme court has observed :''where a statute confers discretionary power upon the executive or an .....