Court : Gujarat
Reported in : [1969]24STC180(Guj)
..... : 'whether a co-operative society canteen which sells or supplies articles to its members and which is run without any profit-motive, in compliance with the provisions of the factories act, 1948, can be called a 'dealer' under section 2(11) of the bombay sales tax act, 1959, hereinafter referred to as the 'act' ..... run in the premises of the company in accordance with the provisions of the factories act, 1948, for the benefit of its members ..... ), the supreme court interpreted the meaning of the word 'shop' in section 2(27) of the bombay shops and establishments act, 1948; and the question was whether 'such trade or business' occurring in that ..... had to interpret the expression 'shop' in section 2(27) of the bombay shops and establishments act, 1948, and in that connection the expression ' ..... -society's members were employees of the company, which company was required to maintain a canteen under the provisions of the factories act and that the assessee-society which managed the canteen was not a dealer within the meaning of the definition of 'dealer' under the act, inasmuch as there was no profit-motive in the canteen activity of the society. ..... decision by departing from the ordinary or traditional concept of business, which must always have a profit accrues' because the definition of 'business' in section 2(d) of the relevant madras general sales tax act, 1959, expressly defined business as meaning 'any trade or commerce or manufacture, whether or not any profit accrues' from such trade, commerce .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR768
..... by the learned magistrate in each of the aforesaid two cases is set aside, and the accused is convicted, in each case, of the offence punishable under section 92 of the factories act, 1948, and sentenced to pay a fine of rs. ..... factory inspector harshavadan jethabhai patel visited the above mill on 2-12-1972 which is a factory under the provisions of the factories act, 1948, hereinafter referred to as the act, he found that, no urinal or latrine was provided for the workers in the factory ..... it is argued by the learned assistant government pleader that the mill in question is a factory as defined in section 2(m) of the act, which runs as under:(m) 'factory means any premises including the precincts thereof-(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process ..... however, not warranted in view of the clear meaning of the word 'factory' as given in sub-clause (i) of clause (m) of section 2 of the act with which only, has observed above, we are concerned in these appeals ..... preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on-but does not include a mine subject to the operation of the mines act, 1952, or a railway running shed;for the purpose of understanding the true meaning of the term 'factory' used in the above section, it is necessary to take into consideration the definition of the term 'day'. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1960Guj10; (1960)GLR10
..... in order to appreciate this contention, it is necessary to refer to certain provisions of the payment of wages act, 1936, and the factories, act, 1948, section 1(4) of the payment of wages act which relates to the application of that act is as under:-'it applies in the first instance to the payment of wages to persons employed in any factory and to persons employed (otherwise than in a factory upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration. ..... it is also stressed that an editor of a paper cannot be regarded as a `worker' in a factory within the scope of the definitions of `worker' and `factory' in sections 2(1) and 2(m) of the factories act, 1948. ..... (4) section 2 of the factories act, 1948, defines 'factory' as under:-' `factory' means any premises including the precincts thereof- (i) whereon ten or more workers are working or, were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with ..... ' (5) section 2(1) of the factories act, 1948, defines `worker' as under:-'worker' means a person employed, directly or through any agency, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery of premises used for manufacturing process, or in any other .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... was called upon to decide the issue in the context of the contention that the board had no power under section 49 of the act of 1948 either to impose rationing and introduce the different categories of rationing without framing regulations ..... applying the above test to the facts of the case before the supreme court, which had arisen in the matter of land acquisition proceedings under the rajasthan urban improvement trust act the court found that notice under section 52(2) of the said act, was published in rajasthan, proposing the acquisition of land situated in rajasthan at jaipur, service of notice inviting objections against proposed acquisition which was to take place in rajasthan, was served ..... is two fold that in regulation 12, there has been specific empowerment of depriving a person of his profits arising out of such manipulated market and even if it is not covered by regulation 12, such power is to be read in provision of section 11b which empowers the board to issue such directions as may be appropriate in the interest of the investors in securities and the securities market to any person which includes any person associated with the securities ..... definition of 'worker' in the factories act so as to be entitled to the benefits of factories act ..... . it, therefore, held that (page 491) : 'the definition of 'worker' in the factories act, therefore, does not seem to us to exclude those employees who are entrusted solely with clerical duties, if they otherwise fall within the definition of .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR973
..... a double benefit being the employee in any other establishment and receiving adequate remuneration from the employer and even though claiming last drawn wages from the old employer and that is how section 17b of the act has been enacted with a clear object that if the workman remains unemployed during such period, then workman is entitled to last drawn wages inclusive of maintenance allowance admissible to him under ..... of may, 2006 had stayed an order dated 31st december, 2005 passed by the labour court on condition that the petitioner shall have to reinstate the respondent workman in his original post at palej factory within a period of 15 days from that date and if this condition was not complied with by the petitioner, the interim stay granted by this court will stand automatically cancelled. ..... staying at koliyad village, 5 kilometers from palej factory of respondent and was coming to work on cycle ..... is stayed on condition that petitioner shall have to reinstate the respondent workman in his original post at palej factory within a period of 15 days from today. ..... is stayed on condition that petitioner shall have to reinstate the respondent workman in his original post at palej factory within a period of 15 days from today. ..... looking to a transfer of respondent from palej factory to delhi warehouse, being a class-iii worker is involved ..... has set aside the transfer order dated 7.1.2004 issued by the petitioner against the respondent transferring him from palej factory to delhi warehouse. .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR1128; (1995)ILLJ480Guj
..... units run by the petitioners are registered under the factories act, 1948 and are covered by the provisions of the factories act, 1948. ..... as far as the dispute raised in this petition is concerned, we are required to refer to the definition of scheduled employment contained in section 2(g) of the act which reads as follows : 'scheduled employment' means an employment specified in the schedule, or any process or branch of work forming part of such ..... para 11 of the decision the supreme court inter alia observed, 'in answering the question it would be necessary to bear in mind that the scheduled employment under section 2(g) covers the employment specified in the scheduled or any process or branch of work forming part of such employment. ..... the accused therein filed application under section 482 of the criminal procedure code, 1973 praying that the complaint filed against it be quashed and set ..... of part i of the schedule to the act read with the definition of 'scheduled employment' occurring in section 2(g) of the act? 13. ..... as stated above, section 27 of the act empowers the appropriate government to add to either part of the schedule any employment in respect of which it is of the opinion that minimum wages should be fixed under the act. ..... section 5(2) of the act empowers the appropriate government to fix or revise the minimum wages in regard to any of the employment to which the act ..... section 27 of the act confers power on the appropriate government to add an employment to the schedule. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR692; (1996)IILLJ943Guj
..... the employees of such an undertaking who may be employed in a factory or in a shop or other commercial establishment are not motor transport workers within the meaning of the definition given in section 2(h) of the act and they would continue to be governed by the provisions of the factories act or any other law in force regulating the conditions of service of persons employed in shops or ..... the terms of any award, agreement or contract of service whether made before of after the commencement of this act : provided that where under any such award, agreement, contract of service or otherwise a motor transport worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this act, the motor transport worker shall continue to be entitled to the more favourable benefits in respect of that matter ..... the sub-clause (1) in the first place, makes it clear that the provisions of this act shall prevail in suppression of anything inconsistent contained in any other law or award or agreement or ..... assistant public prosecutor appearing for the state contended that in absence of any specific provision in the central act to repeal the state act, the state act does not automatically and in particular impliedly stand repealed. ..... 1988 came to be filed by shop inspector, jetpur nagarpalika, jetpur against the present applicant for breach of the provisions of the bombay shops and establishments act, 1948 ('the state act' for short). .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj45; (2000)2GLR1036
..... : 9.1 silver refining should be declared as hazardous process under section 2(cb) of factories act, 1948 and it should be brought under the provisions of factories act by chief inspector of factories using his power under section 85 of factories act, 1948. ..... 3053 dated 9th july, 1990, a copy of which was placed on record with an affidavit of the deputy health officer of the corporation, the municipal commissioner, in exercise of his powers under section 69(1) of the bombay provincial municipal corporation act, 1949, had empowered the deputy health officer or the additional health officer in respect of the respective zone placed under him, to exercise, perform or discharge the powers, duties or functions conferred, imposed upon or vested in ..... the further affidavit of the deputy health officer sworn on 27th august, 1999, it was pointed out that the municipal commissioner, by his order dated 16-9-1990, had delegated powers vested in him under section 69(1) of the act to the deputy health officer in respect of the respective zones placed under him. ..... the commissioner has a discretion to grant a licence under section 376(5) of the act, subject to such restrictions or conditions (if any) as he shall, think fit to prescribe, or to withhold any such ..... the obligatory duties of the municipal corporation under section 63 of the act, include a duty to make a reasonable and adequate provision for the regulation and abatement of all nuisances as provided in sub-clauses (10) and (16) .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]127TAXMAN109(Guj)
..... making provision for creches is specifically laid down in section 48 of the factories act, 1948 which further stipulates that an employer shall provide a creche when it ..... for canteen is found in section 46 of the factories act, and the stipulation is a factory wherein more than 250 or ..... room or lunch-room in section 47 of the factories act and the stipulation is employment ..... in the case of barendra prosad ray (supra) it was pointed out that the supreme court was dealing with a situation arising under section 9 of the act which operated in entirely different field, while section 32 had a surrounding set of sections, sub-sections and clauses which would enable one to arrive at an interpretation that the term business did not include within its sweep the term profession ..... after referring to the definition of the term business and profession the apex court has dealt with the scheme of the act commencing from section 14 onwards which enumerates the heads of income and after referring to sections 28 to 44b states that-'sections 28 to 44b of the act constitute the fascicule of provisions dealing generally with the computation of income from business and profession although not all those provisions ..... case (supra), we find that the facts have been narrated up to page 303 and on the same page provisions of section 160(i) read with section 161(i) and section 163 of the act, for purposes of agents liability have been dealt with and after summarizing the facts the supreme court has held that as mr .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR299
..... factory under the factories act, 1948 (63 of 1948;, the person so named;(ii) in any establishment under the control of any department of any government in india, the authority appointed by such government in this behalf or where no authority is so appointed, the head of the department;(iii) in any other establishment, any person responsible for the supervision and control of the establishment;and the expression 'occupier' has been assigned the same meaning by sub-section (15) as is assigned to it in the factories act, 1948 ..... wherein it has been denned in section ..... by the petitioners who contend that prosecution should not have been instituted against them for failure to submit the contribution cards and returns under the employees' state insurance act, 1948 (e.s.i. ..... by directors of a public limited company which has admittedly failed to pay (and retained with itself) contributions deducted from the wages of the employees under the employees' state insurance act, 1948 (e.s.i. .....
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