Judgment Search Results Home > Cases Phrase: factories act 1948 section 11 cleanliness Court: supreme court of india Page 1 of about 1,992 results (0.179 seconds)

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. .....

Hari Shankar Sharma and ors. Vs. Artificial Limbs Manufacturing Corpor ...

Court : Supreme Court of India

Reported in : AIR2002SC226; 2002(1)AWC21(SC); 2002CriLJ94; [2002(92)FLR14]; [2002(1)JCR282(SC)]; JT2001(9)SC650; 2002LabIC131; (2002)ILLJ237SC; 2001(8)SCALE282; (2002)1SCC337

..... it was submitted that the respondent no.1 was bound by section 46 of the factories act, 1948 to set up the canteen. ..... besides the agreement must be construed in the background of the rules framed by the state government under section 46 (2) of the factories act, 1948. ..... and that the respondent no.1 exercised no control over the appointment, continuation or dismissal from service of the appellants.the submission of the appellants that because the canteen had been set up pursuant to a statutory obligation under section 46 of the factories act therefore the employees in the canteen were the employees of respondent no.1, is unacceptable. ..... 1 is a specified industry within the meaning of section 46 of the factories act, 1946, this by itself would not lead to the inevitable conclusion that the employees in the canteen are the employees of respondent no. ..... second, assuming that section 46 of the factories act was applicable to the respondent no. ..... there is nothing in section 46 of the factories act, nor has any provision of any other statute been pointed out to us by the appellants, which provides for the mode in which the specified establishment must set up a canteen. ..... 1 has disputed that section 46 of the factories act at all applies to it. ..... it was also submitted that the state government had by notification specified the factory of the respondent no.1 under the provisions of section 46(1) of the factories act. .....

Gujarat Mazdoor Sabha Vs. The State of Gujarat

Court : Supreme Court of India

..... the notification in its relevant part is extracted below: now, therefore, in exercise of the powers conferred by section 5 of the factories act, 1948 (lxiii of 1948), the 1 factories act 2 part b government of gujarat hereby directs that all the factories registered under the factories act, 1948 shall be exempted from various provisions relating to weekly hours, daily hours, intervals for rest etc. ..... clothed with exceptional powers under section 5, the state cannot permit workers to be exploited in a manner that renders the hard-won protections of the factories act, 1948 illusory and the constitutional promise of social and economic democracy into paper-tigers. ..... the workers without paying them their overtime wages in onerous working 4 part b conditions; (vi) section 5 contemplates an exemption only to an individual factory or to a class of factories, and not a blanket exemption that extends to all factories; (vii) section 65(2), and not section 5, of the factories act enables suspension of sections 51, 52, 54 and 56 to a class of factories owing to exceptional pressure of work ; (viii) even if section 65(2) were to apply to account for the exceptional pressure of work, a host of conditions under section 65(3) are attracted in order to ensure labour welfare including a limit on weekly overtime and .....

Rai Bahadur Diwan Badri Das Vs. the Industrial Tribunal, Punjab

Court : Supreme Court of India

Reported in : AIR1963SC630; [1962(5)FLR354]; (1962)IILLJ366SC; [1963]3SCR930

..... joining the service of the tribune after the 1st july, 1956 will be entitled to leave, in accordance with the provisions of section 79 of the indian factories act, 1948.' 21. ..... in respect of the former category of workmen, the new rule made the following provision : 'subject to the provisions of the indian factories act, 1948, every workman in the service of the tribune on the 1st july, 1956, will be entitled to 30 days' leave with wages, after having worked for a period ..... on july 1, 1956 a new rule was framed which reads as follows : '(1) subject to the provisions of the indian factories act, 1948, every workman in the service of the tribune on the 1st july, 1956, will be entitled to 30 days' leave with wages, after having worked for a period ..... mentioned here that the factories act of 1948 provided in s. ..... space of seven years even after the factories act had come into force the management had continued to treat all workmen of the press section alike irrespective of the date of their employment ..... was the minimum provided by the act but since the press section is governed by the factories act it was open to the trust to modify its rules with regard to all employees of this section and grant leave according to the provisions of this section. ..... by the appellants that the provision made by them for earned leave in respect of old employees is unduly generous of extravagant and so, it has become necessary to invoke the provisions of section 79 of the factories act in respect of new employees. .....

The State of Kerala and Anr. Vs. R.E. D'souzha

Court : Supreme Court of India

Reported in : AIR1971SC832; 1971CriLJ689; [1971(22)FLR178]; 1971LabIC719; (1971)ILLJ307SC; (1971)1SCC533; [1971]3SCR711; 1971(III)LC363(SC)

..... the only question in these appeals is whether the workmen doing work in the premises of the respondent are workers within the meaning of section 2(1) of the factories act, 1948.section 2(1) of the factories act, 1948 reads as follows :'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 or premises used for a manufacturing process, or in any other kind of ..... the respondent was convicted under section 92 of the factories act for using a building as a factory without obtaining the previous permission in writing of the chief inspector of factories, for failing to apply for registration and grant of licence for the factory and for failing to maintain a muster roll of the workers employed in the factory in one case, and for failing to give attendance cards to every person employed in the factory in the other case. ..... he was also directed under section 102 of the factories act to rectify the defects within a specified period.3. ..... the high court further held that the workmen working in the premises of the respondent were not 'workers' within the meaning of section 2(1) of the factories act. ..... after this court had laid down a test to be applied for determining who were 'workers' within the meaning of the factories act, the high court should have treated the question of principle as no longer open. .....

Employers in Relation to the Management of Reserve Bank of India Vs. t ...

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)24; AIR1996SC1241; JT1996(3)SC226; 1996LabIC1048; (1996)IILLJ42SC; 1996(2)SCALE708; (1996)3SCC267; [1996]2SCR1176

..... the court classified the canteens into three categories : (1) statutory canteens which are required to be provided compulsorily in view of section 46 of the factories act, 1948; (2) non-statutory recognised canteens - such canteens are established with the prior approval and recognition of the railway board as per the procedure detailed in the ..... the court adverted in detail to the various government orders and circulars of the railway board vis-a-vis section 45 of the factories act and held that the employees in the 'statutory canteens' of the railways will have to be ..... , this court has summarised the law in paragraph 27 of the judgment thus :'what emerges from the statute law and the judicial decisions is as follows :(i) where, as under the provisions of the factories act, it is statutorily obligatory on the employer to provide and maintain canteen for the use of his employees, the canteen becomes a part of the establishment and, therefore, the workers employed in such canteen ..... down in those line of cases cannot apply herein, since admittedly (a) no statutory liability is cast on the bank to run a canteen and section 46 of the factories act is inapplicable herein; and (b) the industrial disputes act does not contain an extended definition of the word 'employer'.13. ..... as per section 46 of the factories act or due to the extended meaning given to the definition of the word 'employer' in the particular statute, any other person like a contractor to whom as owner of the undertaking .....

M/S. Grauer and Weil (India) Ltd. Vs. Collector of Central Excise, Bar ...

Court : Supreme Court of India

Reported in : AIR1995SC543; 1994LC420(SC); 1994(74)ELT481(SC); JT1994(7)SC284; (1995)IILLJ648SC; 1994(4)SCALE701; (1995)1SCC77; [1994]Supp5SCR168

..... 68 of the first schedule to the central excises and salt act, 1944 (1 of 1944), other than goods manufactured in a factory, from the whole of the duty of excise leviable thereon, explanation: in this notification, the expression 'factory' has the meaning assigned to it in clause (m) of section 2 of the factories act, 1948 (63 of 1948).this notification shall come into force with effect from the 1st day of april, 1981.7. ..... 46 dated 1.3.81 as amended, as not governed by section 2(m) of the factories act, 1948.it has also not been disputed by the assessee, that their 'chromic acid' section is situated in the same plot no. ..... and section 2(m) of the factories act, 1948 which, so far as it is relevant for our present purposes, reads 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 is being carried on with ..... urged, relying upon the following contents of their letter dated september 19, 1981 addressed to the excise authorities :further to our declaration dated 15.4.81 we have to inform you that the premises where chromic acid is manufacturing is not a factory within the meaning of section 2(m) of factories act, 1948. .....

Ardeshir H. Bhiwandiwala Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1962SC29; [1961(2)FLR586]; (1961)IILLJ77SC; [1961]3SCR592

..... 92 of the factories act, 1948 (act lxiii of 1948), hereinafter called the act, for his working the wadia mahal salt works situate at wadala, bombay, without ..... the relevant portion of the definition of the word 'factory' in this act reads : 'the word 'factory' notwithstanding any provisions or exemption in the factory act shall be taken to mean all buildings and premises situated within any part of the united kingdom of great britain and ireland wherein or within the close or curtilage of which steam, water ..... section 6 of the act empowers the state government to makes rules requiring the previous permission in writing of the state government or the chief inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories ..... again a general word which is applicable to both open land and to buildings and its use in this section indicates that the act can be applied to works carrying on a manufacturing process on open land. 9. ..... section ix gives the exemptions and its relevant portion is : 'nothing in this act contained shall extend or apply to.....or to any premises, either open, inclosed, or covered, used or to be used bona fide exclusively for ..... to declare that all or any of the provisions of the act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on notwithstanding certain matters mentioned in the section. .....

Shri Birdhichand Sharma Vs. First Civil Judge Nagpur and ors.

Court : Supreme Court of India

Reported in : AIR1961SC644; [1961(2)FLR577]; (1961)IILLJ86SC; [1961]3SCR161

..... that they were entitled to fifteen days' leave in the year under sections 79 and 80 of the factories act, 1948. ..... the entire period and can go away whenever they like; their attendance is noted in the factory; and they can come and go away at any time they like, but if any worker comes after midday he is not supplied with tobacco and is thus not allowed to work, even though the factory closes at 7 p.m. in accordance with the provisions of the factories act and when it is said that they can return at any time, it is subject ..... contended that they were workers within the meaning of the factories act and were entitled to the sum awarded to them by the ..... was that respondents 2 to 4 were not workers within the meaning of the factories act and could not therefore claim the benefit of s. ..... factories act to proportionate leave during the subsequent calendar year if they had worked during the previous calendar year for 240 days or more in the factory ..... 2(1) of the factories act had to be ..... 2(1) of the factories act and therefore the order of the authority was correct and ..... factories act ..... . considering the entire circumstances and particularly the facts that if the worker does not reach the factory before midday he is given no work, he is to work at the factory and cannot work elsewhere, he can be removed if he is absent for eight days continuously and finally his attendance is noted and biris prepared by him are liable to rejection if they do not come up to the standard, ..... factories act ..... factories act. .....