Judgment Search Results Home > Cases Phrase: factories act 1948 section 11 cleanliness Page 1 of about 18,583 results (0.105 seconds)

State Vs. Ardeshir Hormusji Bhiwandiwala

Court : Mumbai

Reported in : AIR1956Bom219; (1956)58BOMLR66; 1956CriLJ488; ILR1956Bom321; (1956)IILLJ26Bom

..... people, but also his lands where his men work, clean and healthy, so also it is fair and just to assume that, while enacting the factories act, 1948, the legislature intended that the occupier of a factory, whether the factory is situated in a building or on an open land, must look to the welfare of his workers, whether they work in buildings or on lands, by keeping his buildings and lands in a proper state of cleanliness and sanitation. ..... of the word 'premises' occurring in clause (m) of section 2 is thrown by a comparison of the definition of 'factory' in sub-section (3) of section 2, factories act, 1911, with the definition as contained in clause (m) of section 2 of the present act (the factories act, 1948). ..... from a judgment of the learned chief presidency magistrate, bombay, acquitting the respondent who was charged with having committed an offence under section 92, factories act 1948, for breach of the provisions of section 6, factories act, 1948, read with rule 4 of the bombay factories rules, 1950. ..... other boundaries of a place or building.it is to be noted however that the terms which came up for construction in this case were the terms 'premises' and 'precincts' occurring in section 2, sub-section (3), factories act, 1911, sub-section (3) of section 2, factories act, 1911, was in these words 'factory means any premises 'wherein' or 'within' the precincts of which, on any one day in the year not less than twenty persons are simultaneously employed and steam, water or other .....

Gannon Dunkerley and Co. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2009(5)MPHT258

..... and such other work as may be specified in this behalf by the appropriate government, by notification but does not include any building or other construction work to which the provisions of the factories act, 1948 (63 of 1948), or the mines act, 1952 (35 of 1952) apply.the expression 'contractor' is defined under section 2(g) to mean:(g) 'contractor' means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture, by the employment of building workers or who supplies ..... the next submission of the learned counsel for the petitioner contractor is based on the exclusion clause contained in the definition under section 2(1)(d) of 'building or other construction work', which stipulates that any building or other construction work to which the provisions of the factories act, 1948 will not be included in the definition as contained in this clause. ..... the statement of objects of reasons reveals that at the time of enactment, the factories act, 1934 was in existence but number of defects and weaknesses were experienced and the provisions pertaining to safety, health and welfare of workers engaged in factories were found to be inadequate and unsatisfactory which harbingered the need for minimum requirements regarding health (cleanliness, ventilation and temperature, dangerous dusts and fumes, lighting and control of glare etc. .....

Government of Andhra Pradesh and anr. Vs. Bhadrachalam Paper Boards Lt ...

Court : Andhra Pradesh

Reported in : (1991)ILLJ115AP

..... , wherein the learned judge held that by virtue of section 119 of the factories act, 1948, the contract labour (regulation and abolition) act, 1970 does not apply to the factories of the writ petitioners. ..... but now, by virtue of the factories (amendment) act 94 of 1976, the contract labour having been included within the definition of 'worker', they too will be entitled to the said benefit-indeed, to all the benefits provided by the act, section 119 of the factories act, which was reintroduced by the aforesaid factories (amendment) act 94 of 1976, gives an overriding effect to the provisions of the factories act, notwithstanding anything inconsistent therewith contained in the contract labour act. ..... with a view to obviate any room for argument that the contract labour act being an act dealing specially with the contract labour, the more elaborate and more beneficial provisions contained in the factories act do not, and need not be applied to contract labour, and also with a view not to deprive the contract labour of the better facilities provided by the factories act, section 119 of the factories act was enacted. ..... the learned judge held that by virtue of the amendment of the definition of 'worker' in section 2(1) of the factories act, by the factories (amendment) act 94 of 1976, the contract labour act ceased to apply to factories to which the factories act applies. ..... chapter iii provides several measures for cleanliness. .....

Abburi Chalamayya Vs. Andhra Pradesh State Represented by C. Krishnamu ...

Court : Andhra Pradesh

Reported in : AIR1968AP108; 1968CriLJ442; [1968(16)FLR228]; (1968)IILLJ493AP

..... a federal railway, and cantonment authorities; (d) establishments in mines and oilfields; (e) establishments in bazaars in places where fairs or festivels are held temporarily for a period not exceeding fifteen days at a time: (f) establishments which, not being factories within the meaning of the factories act, 1934, are, in respect of matters dealt with in this act, governed by a separate law for the time being in force in the state. ..... sub-section (3) of section 2 defines 'commercial establishment' thus: 'commercial establishment' means an establishment which is not a shop but which carries on the business of advertising, commission, forwarding or commercial agency, or which is a clerical department of a factory or industrial undertaking or which is an insurance company, joint stock company, bank, brokers' office or exchange and includes such other establishment as the state government may by notification declare to be a commercial establishment for the purposes of this act. ..... the rules provide inter alia for cleanliness, ventilation and precautions against fire in the various establishments covered by the act, the manner of calculating rates of wages and the imposition of fines on employees, and inspection of the establishments by inspectors ..... on monday the 17th may 1948, the son of the accused sold a tin of boot polish to a customer from the haberdashery section of the shop. ..... the rules made by the state government are called the madras shops and establishments rules, 1948. .....

C. Venugopal and Another Vs. State of Karnataka

Court : Karnataka Kalaburagi

..... the main contention of the learned counsel for the petitioners is that the order of dismissal by the learned chief judicial magistrate on the application filed under section 101 of the factories act, 1948 is too technical and that the learned chief judicial magistrate has not applied his judicious mind to the materials produced by the petitioners and the evidence adduced by ..... it is also relevant to observe here that, when the court has come to the conclusion that the application filed under section 101 of factories act, 1948 was not maintainable because of the technical reason, it would not have allowed the parties to lead evidence. ..... , the question is - "whether the trial court and the revisional court have properly considered the provisions of section 101 of the factories act, 1948 or not and they have committed any serious legal error in dismissing the application on technical ground"? 9. ..... when the trial court has considered the contents of the application under section 101 of the factories act, 1948 and provided opportunity to the parties, then it should have passed the orders on merits of the application instead of dismissing the same on technical ..... the trial court is hereby directed to dispose of the application filed under section 101 of factories act, 1948 on its merits considering the oral and documentary evidence of the petitioners and after hearing both the parties, as expeditiously as possible within the outer limit of six months from the date of receipt of the copy .....

M. Elangovan and ors. Vs. Madras Refineries Ltd., Rep. by Its Chairman ...

Court : Chennai

Reported in : (2005)IILLJ653Mad; (2005)1MLJ686

..... and submitted that the supreme court has held that the employees in a canteen set up in discharge of statutory mandate, namely, section 46 of factories act, 1948 do not necessarily become employees of establishment and it would depend on how the obligation to set up the canteen was discharged by establishment, whether by direct recruitment or ..... ) 1 scc 298 dealing with the claim of workers of a canteen run through a private contractor in pursuance of the obligation of the industrial establishment under section 46 of the factories act, 1948, this court upheld the claim of workers for being treated as the workers of the company itself. ..... that it could not be said as an absolute proposition of law that whenever in discharge of a statutory mandate, such as section 46 of the factories act, 1948, a canteen was set up by an establishment, the employees of the canteen became the employees of the establishment ..... , as seen from the affidavit filed in support of the writ petition, is that the first respondent, madras refineries limited, is factory within the meaning of the factories act, 1948, and in the said factory, more than 2000 workmen are employed on three shift basis and the factory runs round the clock. ..... for the ppellants is that the canteen run by the respondents 1 and 2 is statutory canteen, required to be run by the first respondent under section 46 of the factories act and the appellants who are all employees in the canteen are workmen of the respondents 1 and 2 for all purposes. .....

Model Mills, Nagpur Vs. Labour Court, Nagpur and Others

Court : Mumbai

Reported in : (1993)IILLJ51Bom; 1992(1)MhLj904

..... working as clerks up to may 1973 at the rate which was prescribed by mangalmurti award and from june 1, 1973 onwards they have been paid overtime wages at the rate of twice the ordinary rate of wage as per section 59 of the factories act, rate 11/2 times the ordinary rate of wages for the overtime work put in between 42 and 48 hours and twice the ordinary rate of wages for overtime work put in beyond 48 hours per week. 3. ..... court which was not available when the labour court decided this matter, he would proceed on the basis that the work beyond 42 hours which is prescribed by the petitioner, but is less than 48 hours as prescribed by section 51 of the factories act would be overtime and that wages shall have to be paid for this period of overtime work, but in his submission, they would not be at the same rate as prescribed ..... the submission of shri thakur is that the scheme of tamil nadu shops and establishments act, 1947 is materially different from that of the factories act and he in particular referred to section 14(1) of that act which runs as follows : 'daily and weekly hours of work (1) subject to the provisions of the act, no person employed in any establishment shall be required or allowed to work for more then eight hours in any day and forty-eight hours in any week : provided that any such person may .....

Chhaganlal Textile Mills Private Ltd. Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Reported in : AIR1966MP336

..... as there is no material difference between section 49-b of the factories act, 1934 and section 79 of the factories act, 1948, the decision of the calcutta high court must be taken as supporting the view that the liability of an employer under section 79 of the factories act, 1948, to pay to his workers holiday-wages is a contingent liability. 6 ..... the view that the liability of the assessee under section 79 of the factories act, 1948, is a contingent liability is fully supported by the decision of the calcutta high court in bengal enamel works ltd. ..... now, it is clear from an examination of section 79 of the factories act, 1948, that the liability of the assessee for holiday-wages under that provision is a contingent ..... 000 being the amount set apart as a reserve fund in its balance-sheet as on 28th february 1957 for the payments it may have to make to its workers in the next year on account of holiday wages under section 79 of the factories act, 1948. ..... income-tax officer rejected the claim of the assessee on account of both the deductions taking the view that the assessee's liability for holiday-wages under the factories act, 1948, and for payment of retrenchment compen. ..... 'thus it was held by the calcutta high court that the liability under section 49-b of the factories act, 1934, to pay holiday-wages depended on the arising of the circumstances specified therein, and since they might or might not arise, the liability was only a contingent and uncertain liability which might or might .....

Haldia Refinery Canteen Employees Union and ors. Vs. Indian Oil Corpor ...

Court : Supreme Court of India

Reported in : AIR2005SC2412; 2005(5)ALLMR(SC)922; (SCSuppl)2005(3)CHN164; [2005(105)FLR1051]; JT2005(5)SC62; (2005)IILLJ684SC; (2005)5SCC51; 2005(2)SLJ440(SC); 2005(2)LC891(SC)

..... working in the canteen and the status of the contractor who was running the canteen on the contract basis elaborately dealt with the scope of section 46 of the factories act, 1948, particularly with reference to the definition of 'worker' as occurring in section 2(1) of the factories act. ..... court contending therein that the factory of the respondent where the workmen are employed is governed by the provisions of indian factories act 1948 (for short 'the factories act') and the canteen where the said workman are employed is a statutory canteen established by the respondent as required under the provisions of the act. ..... learned advocates on both the sides extensively referred to the terms and conditions of the contract between the canteen contractor and the respondent and also to the various statutory provisions of the factories act and the rules framed thereunder to point out their respective points of view about the nature of the contract and as to whether the canteen is run by the contractor in his capacity ..... declared in unequivocal terms the employees working in the canteen can be treated as the employees of the principal employer only for the limited purposes of the factories act, the court went on to examine further as to whether on the basis of material present on the record, the employees could be treated as the ..... section 46 of the act empowers the state government to make rules requiring any specified factory wherein more than 250 workers are ordinarily employed to provide and .....

Indian Petrochemicals Corpn. Ltd. and anr. Vs. Shramik Sena and ors.

Court : Supreme Court of India

Reported in : AIR1999SC2577; JT1999(5)SC339; (1999)IILLJ696SC; (1999)2MLJ88(SC); RLW1999(2)SC329; 1999(2)SCALE541a; (1999)6SCC439; [1999]Supp1SCR47

..... singhvi, learned senior counsel, that the very fact that the management was required to statutorily provide canteen facilities to its factory staff under section 46 of the factories act itself was sufficient to come to the conclusion that the workmen so employed to provide canteen facilities would become the regular employees of the principal employer. ..... a three-judge bench of this court considering the provisions of the factories act held that by virtue of section 46 of the said act the factories covered by the said act are obligated to provide canteen services and termed such canteens as statutory canteens. ..... the high court in its judgment impugned in these appeals also proceeded on the basis of raha's case upholding the contention of the workmen that in all establishments where canteens are maintained as a requirement of a statute, (namely, section 46 of the factories act) the workmen working in the said canteen ipso facto became the regular workmen of the management. ..... it was contended on behalf of the above workmen that the factory of the management where the workmen are employed, is governed by the provisions of the factories act, 1948 (for short 'the factories act') and the canteen where the said workmen are employed is a statutory canteen established by the management as required under the said provisions of the act. .....