Court : Gujarat
Reported in : (1990)1GLR325
..... said resolution, it has clearly been pointed out that provisions of the factories act are to be applied to the workshop staff working in government transport garage and that this staff shall be eligible to all public holidays save and except second and fourth saturdays declared by the government of gujarat as they continue to be government servants though covered by the factories act, 1948. ..... that apart, even on the basis that motor transport section may have been registered as a factory under the factories act, the question would still remain as to whether civilian staff which is transferable outside workshop and which is enjoying the benefit of second and fourth saturdays or public holidays can be treated to be comparable to the ..... it is also pertinent to note that under section 51 of the factories act, employees governed by the factories act can be asked to work for 48 hours in a week and per day, they cannot be asked to do work for more than 8 hours, meaning thereby, they can be required to work for six days ..... holidays to supervisors, junior engineers and deputy engineers in the central workshop as well as to employees in photo litho press, photo registry department, project drilling sub-division under the mechanical department and motor transport section to police department, would ipso facto apply for negativing the petitioners' case for grant of second and fourth saturdays on the basis of the alleged discrimination qua the petitioners as compared to the employees in the .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ417; (1961)GLR717
..... 1948, shall apply to any person employed in or within the precincts of a factory notwithstanding anything contained in the factories act 1948 section 59 of the factories act. ..... 1948, did not apply and the respondent was -entitled, to take overtime work from the workers employed in the factory so long as the workers were paid extra wages for such overtime work in accordance with the provisions of section 59 of the factories act 1948- we fail to see how any such conclusion follows from the provisions of section 70 of the bombay shops and establishments act. ..... patwari on behalf of the respondent if this is the position there is clearly a contravention of the provisions of section 63 of the factories act 1948, and the respondent being the manager of the factory would be punishable under section 92 of the said act.10. mr. ..... t948, was clearly to confer the benefit of wages for overtime work even on those persons who were not workers within the meaning of the said expression as used in the factories act 1948, and who were, therefore, not entitled to the benefit of the provision for wages for overtime work contained in section 59 of the 1 said act- the factories act. ..... we found it a little difficult to follow the argument, but the sequitur of the argument pressed upon us for acceptance was that by reason of the provisions of section 70 of the bombay shops and establishments act 1948, the restriction contained in section 63 of the factories act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... we would like to introduce only two minor changes, one to give some relief in respect of days on which a person is absent on account of injury received during the course of employment and to include in explanation 1(c) of section 79 of the factories act all days of earned leave enjoyed in the previous year.that appears to us to be more logical than including the leave earned in the previous year. ..... the provisions of the indian factories act, 1948, providing annual leave of one day for every 20 days worked which came to 14 or 15 days in a year were ahead of the minimum international standard prescribed in 1954 in recommendation no. 98 ..... recent convention passed in 1970 makes the provisions of the indian factories act, 1948, outdated. ..... shri shukla has submitted that the factories act was passed in 1948 and many of the conditions laid therein have become entirely out ..... 124) as subsequently modified granting 5 days' casual leave and a few days extra privilege leave in addition to that provided for in the indian factories act, 1948, and number of awards and practices prevailing where a few days' casual leave was granted and privilege leave higher than that provided under the indian factories act was granted. 3. ..... right to annual vacations has come to be recognised by law or has become part of the normal practice in practically all countries and is recorded in other international instruments such a universal declaration of human rights adopted on 10th december, 1948 which specifies in art. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj111
..... 85 of the factories act, 1948, and also the validity of a certain notification issued by the state government under that section on certain grounds which are all without substance but in order to understand the grounds it is necessary to state briefly the facts giving rise to the petition. ..... 14 of the constitution and the ground on which the challenge was based was that the section conferred an unguided and uncontrolled power on the state government to select places to be deemed 'factories: ' for the purpose of applying the provisions of the act. ..... presumably, the legislature felt that uniform application of the factories act to all establishments in which a manufacturing process is carried on requiring even small establishments to comply with the elaborate requirements of the factories act may impose great administrative strain upon governmental machinery, and involve hardship ordinarily not commensurate with the benefit secured thereby. ..... the legislature, however, 'with a view to prevent circumvention of the provisions of the factories act, and to secure to the persons working in establishments where manufacturing process is carried on, adequate safeguards where necessity is felt' authorized the state government under s. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(119)FLR1115]; (2009)ILLJ779Guj
..... in view of definition of 'factory' as per section 2(12) of the esi act, 1948 and section 2(m) of the factories act, 1948, if ten or more persons are employed or were employed for wages on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, then, such establishment is considered to be factory but for that, in esi act, there is no separate provision available authorizing esi inspector to inquire whether ten or more persons were working or ..... definition of 'factory' given under section 2(12) of the esi act and definition of 'factory' under section 2(m) of the factories act are verbatim same and, therefore, section 2(m) of; factories act is quoted as under:2(m) 'factory' means any premises including premises thereof-(a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months and in any part of which a manufacturing process is ..... the factory inspector is authorized under provisions of factories act, 1948 but esi inspector is not authorized under esi act to demand documents for prior period or preceding 12 months from ..... while relying on aforesaid definition of term 'factory' as per section 2(12) of esi act, 1948, he submitted that if ten or more persons are employed or were employed for wages on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power or .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... act imposes unreasonable restriction of trade or business : we have already exhaustively considered the circumstances and the background in which this legislation had to be passed to meet a crying necessity which had arisen because the employers were adopting devices of disintegrating factories and of employing contract labour and home-workers so that they could wriggle out of the provisions of the factories act, 1948 ..... labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home-worker',) and (ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor; section 2(g) defines 'employer' to mean - (a) in relation to contract labour, the principal employer, and (b) in relation to other labour, the person who has ..... the employer from getting the work of the manufacturing process carried on outside the industrial premises, an exception was carved out in the proviso that nothing in this sub-section shall apply to any layout who is given raw material by an employer or a contractor for being made into beedi or cigar or both at home. ..... section 8 requires every industrial premises to be kept clean and free from effluvia arising from any drain, privy or other nuisance and it shall maintain such standard of cleanliness including whitewashing, colourwashing, ..... section 8 deals with the topic of 'cleanliness .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)GLR84; (1969)ILLJ317Guj
..... of the factories act, 1948, read with rule 61(7) of the gujarat factories rules read ..... 101 of the factories act, 1948, and then proceed further according to ..... factories act, 1948. ..... factories act, 1948. ..... to do actually with the working of that machinery or the like so as to enable the employer or manager to point him out as a person to be really proceeded against for the alleged breach of the provisions under the factories act, instead of himself, and, in any event, it cannot include any person such as the vendor or the supplier of any such machinery to the complainant. ..... 101 of the factories act and that, if accepted, would go to the root ..... 101 of the factories act were not to cover any such suppliers or vendors of machinery, the complaint becomes meaningless so far as the accused are concerned and the court would have not jurisdiction or justification to proceed to hear any ..... 101 of the factories act and if he were able to show that this provision of law cannot govern persons such as the accused in the circumstances of the case, such a point must be considered at the outset before actually any trial ..... 101 of the factories act can be attracted so as to require the court to ..... 101 of the factories act, inter alia alleging that they were responsible for the contravention of those provisions in respect of which he had been prosecuted ..... then, the state of gujarat, at the instance of the legal assistant, factory department of the government of gujarat, at the ahmedabad, filed three different .....
Tag this Judgment!Court : Gujarat
Reported in : 1973CriLJ1874; (1973)GLR495
..... the charge against the accused was that he had failed to provide proper safe-guard against moving parts of a machinery in his factory as required by section 21(1)(iv)(c) of the factories act, 1948 and bad thereby committed an offence punishable under section 92 of the factories act.2. ..... the above discussion it is clear that the accused, the occupier of the factory, in his capacity as the manager of she factory had failed to see that protection against the moving parts of the vertical conveyer was provided between the end of the window above the horizontal conveyer and moving parts of the vertical conveyer and he had, therefore, failed to discharge his duty iunder section 21(1)(iv)(c) and had thereby committed an offence punishable under section 92 of the factories act, 1948. ..... therefore, allow this criminal appeal, set aside the order of acquittal and convict the accused under section 92 of the factories act for breach of the provisions of section 21(1)(iv)(c) of the factories act and sentence the accused to pay a fine of rs. ..... section 21(1)(iv)(c) of the factories act provides that in every factory, unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, every dangerous part of any other machinery shall be securely fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery they are fencing are in .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)0GLR121; (1967)IILLJ806Guj
..... 92 of the factories act, 1948 (hereinafter referred to as the act), and sentencing him in each ..... time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the court - (a) that he has used due diligence to enforce the execution of this act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance that other person shall be ..... convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this act in respect of such offences : provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath and his evidence and that of any witness whom he calls ..... section 101 of the act when it refers to 'at the time appointed for hearing the charge' implies the time when this accusation is to ..... section 101 of the act provides that a notice must be given by the occupier to the prosecutor of not less than three clear days and this time is to be calculated from ..... the provisions of this section make it clear that in order that the occupier should claim an exemption, he must fulfill two conditions, namely : (1) he should make a complaint against the other persons whom he wishes to charge as actual offender .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj208; [1962(4)FLR498]; (1961)GLR705; (1964)0GLR470; (1962)IILLJ342Guj
..... so far as is relevant for our purposes, two principles seem to emerge from these authorities, (1) that though the obligation to safeguard is absolute under section 21(1)(iv) of the factories act, it is qualified by the test of foreseeability; and (2) that if protection is provided for by the employer by having a guard or-other, safeguards, if such safeguard is rendered nugatory by an unreasonable or perverted act on the part of the workman, even though such act is notdone with any criminal intention, there is no liability on the part of the employer.18. ..... , (1949) 2 kb 601, where the respondents were charged as occupiers of a factory for breach of section 14(1) of the factories act, 1937, on the footing that the worm of a macaroni extruding machine, was not securely fenced and that in consequence of such contravention, the girl working the machine suffered injury. ..... 17, page 74, where the propositions laid down in some of the leading cases on the corresponding section in the english factories act have been succinctly summarised. ..... the absolute nature of such an obligation on the occupier or the manager of a factory is also found in a corresponding section, section 14, of the english factories act. ..... ) he could still be held guilty of breach of section 21(1)(iv)(c) read with section 92 of the art (factories act --ed.). .....
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