Judgment Search Results Home > Cases Phrase: factories act 1948 section 11 cleanliness Court: supreme court of india Page 3 of about 1,992 results (0.271 seconds)

Delhi Gymkhana Club Ltd. Vs. Employees State Insurance Corporation

Court : Supreme Court of India

..... prior to act 29/1989, in section 2(12) of the esi act, the expressions manufacturing process , power shall have the meaning respectively assigned to them in the factories act, 1948. ..... manufacturing process has been defined in section 2(k) of the factories act, 1948 as under:- 2. ..... banumathi, j.short point falling for consideration in this appeal is whether kitchen of the appellant-club and catering section thereon come within the meaning of factory and manufacturing process as defined in employees state insurance act, 1948 (for short esi act ).2. ..... it was held that a perusal of sub-clauses (i) to (vi) of section 2(k) of the factories act would make it clear that preparation of the items which are prepared in the kitchen and the preservation and storing of any articles in the cold storage would amount to a manufacturing process.24. ..... for the purpose of this appeal, we are concerned only with section 2(k) (i) of the factories act.12. ..... | |for wages on any day of the 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 excluding | | |a mine subject to the operation of the | | |mine act, 1952 (35 of 1952) to a railway| | |running shed or an establishment which | | |is exclusively engaged in any of the | | |manufacturing process specified in | | |clause (12) of section 2 of the | | |employees state insurance act, 1948 (34| | |of 1948). | | |3 .. .....

J.K. Industries Ltd. and ors. Vs. Chief Inspector of Factories and Boi ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)125; [1997]88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; [1996]Supp6SCR798

..... the petitioners/appellants have also called in question the constitutional validity of proviso (ii) to section 2(n) of the factories act, 1948 (hereinafter referred to as 'the act') as amended by act 20 of 1987, as violative of articles 14 19(1)(g) and 21 of the constitution of india.3. ..... prior to the enactment of the factories act, 1948, regulation of labour in factories was governed by the factories act, 1934 but as the statement of objects and reasons of the act of 1948 shows there were various defects and weaknesses in the 1934 act which came in the way of its effective administration. ..... hie statement of objects and reasons of amendment act 20 of 1987, reads:statement of objects and reasons' (1) the factories act, 1948, provides for the health, safety, welfare and other aspects of workers in factories. ..... setting out the definition of an occupier under section 2(n) of the factories act went on to consider the correspondence that had been exchanged between the company and the chief inspector of factories, which revealed that mackenzie had been declared to be an occupier without his being a director of the company and held :in the circumstances, therefore, the chief inspector of factories was perfectly right in refusing to act on the application signed by mackenzie and in requiring the factory to file a proper application for renewal .....

M/S. Sunil Industries Vs. Ram Chander Pradhan and anr.

Court : Supreme Court of India

Reported in : 2001ACJ372; 2000(6)ALT62(SC); 2001(1)BLJR316; [2000(87)FLR931]; (2001)ILLJ233SC; RLW2001(3)SC357; 2000(7)SCALE415; 2001(1)LC228(SC)

..... schedule ii of the workmen's compensation act and pointed out that under item 2 of schedule ii a person would be a workman provided he is employed in any premises where a manufacturing process as defined in clause (k) of section 2 of the factories act 1948 was being carried on. ..... the term 'factory' as appearing in clause (m) of section 2 of the factories act 1948 has not been incorporated in the workmen's compensation act. ..... done is that in schedule ii of the workmen's compensation act it is inter alia clarified that persons employed, otherwise than in a clerical capacity, in any premises wherein a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, are workmen. ..... joint reading of all these provisions makes it clear that even for the purposes of the workmen's compensation act only those persons who are employed in a factory within the meaning of the factories act, 1948 would be entitled to make a claim under the workmen's compensation act.7. ..... that for the workmen's compensation act to apply it is not necessary that the workman should be working in a factory as defined in the factories act, 1948. ..... he then referred to section 2(k) and 2(m) of the factories act and submitted that under the factories act the manufacturing process must be in a factory where ten or more workers are working (if the manufacturing process is being carried on with the aid of power) or twenty or more persons are working (if the manufacturing process is being carried on without .....

Employees' State Insurance Corporation Vs. Apex Engineering Pvt. Ltd.

Court : Supreme Court of India

Reported in : (1998)1CALLT31(SC); 1997(3)CTC354; JT1997(9)SC54; (1998)ILLJ274SC; (1998)IIMLJ33(SC); 1998(1)MPLJ12; 1997(6)SCALE652; (1998)1SCC86; [1997]Supp5SCR57

..... so far as the term 'occupier' of the factory is concerned it is defined by section 2 sub-section (15) of the act to have the meaning assigned to it in the factories act, 1948. ..... includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the factories act, 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 ..... it is also not the case of the respondent that shri dhanwati had been named an occupier of the factory under the factories act, 1948. ..... ' it cannot, therefore, be said as assumed by the high court in the impugned judgment that shri dhanwati being appointed as a managing director could be said to be principal employer within the meaning of section 2 sub-section (17) of the act as he could be said to be occupier within the meaning of section 2(15) of the act read with section 2(n) of the factories act. ..... , : (1997)illj722sc held that to be termed as an occupier of the factory within the meaning of section 2(n) of the factories act the person concerned must have ultimate control over the affairs of the factory. ..... dealing with the definition of the said term as found in section 7(1) of the factories act dr. a.s. .....

Nagpur Electric Lights and Power Co. Ltd. Vs. Regional Director Employ ...

Court : Supreme Court of India

Reported in : AIR1967SC1364; [1967(14)FLR370]; (1967)IILLJ40SC; [1967]3SCR92

..... sections 2(g) and (k) of the factories act 1948, define power and manufacturing process. ..... 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 but does not include a mine subject to the operation of the indian mines act, 1923 or a railway running shed; * * * * * the expression 'manufacturing process' and 'power' shall have the meanings respectively assigned to them in the factories act, 1948.' 5. ..... 2(1) of the factories act 1948, which is in these terms : ''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 ..... the employees' state insurance act, 1948 applies in the first instance to all factories other than seasonal factories [s{(4)}] and may be extended to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise [s. 1(5)]. .....

The Clothing Factory, National Workers' Union Avadi, Madras Vs. Union ...

Court : Supreme Court of India

Reported in : AIR1990SC1383; [1990(60)FLR864]; JT1990(2)SC231; 1990LabIC1213; (1990)IILLJ201SC; 1990(1)SCALE798; (1990)3SCC50; [1990]2SCR617; 1990(2)LC254(SC); (1990)3UPLBEC2060

..... work beyond the aforesaid normal working hours they are entitled to overtime wages under section 59 of the factories act, 1948. ..... section 2(1) of the factories act, their case was not governed by section 59 of the said act read with section 70 of the bombay shops & establishments act; (ii) assuming the respondents were entitled to claim the benefit of section 59 read with section 70 as aforesaid even though none of them was a worker, section 59 became inapplicable by virtue of rule 100 made under section 64 of the factories act; and (iii) since none of the respondents was a 'workman' under section 2(s) of the industrial disputes act, 1947, the application under section ..... for consideration was whether the employees working in the factory of the indian security press, nasik, were entitled to overtime wages under section 59 of the factories act read with section 70 of the bombay shops & establishments act, 1948, for the work done beyond the normal working hours ..... wages for the period in excess of the normal working hours of 44-3/4 per week and upto 48 hours is governed by the relevant departmental rules and section 59(1) of the factories act comes into play only if a piece worker has worked beyond 9 hours in a day or 48 hours in a week and not otherwise. ..... lastly it is pointed out that according to the terms of section 59 of the factories act, the question of payment of overtime at double the rate can arise ony if the piece worker has worked for more than 9 hours per day or 48 hours per .....

Sitaram Ramcharan Etc. Vs. M.N. Nagarshana and ors.

Court : Supreme Court of India

Reported in : AIR1960SC260; (1960)62BOMLR152; (1960)ILLJ29SC; [1960]1SCR875

..... section 59 of the factories act, 1948 (63 of 1948) which came into force on september 23, 1948, provides for the payment of extra wages for overtime to persons who are ..... the true effect of the said section was not appreciated by either the workmen and their union or the employers or the authorities under the factories act, or even by the industrial ..... applications for the condonation of delay the appellants alleged that they had bona fide believed that neither the factories act nor the bombay shops and establishments act applied to the watch & ward staff, and so they had moved the industrial court for redress ..... this reference on november 25 1950, the full bench of the industrial tribunal observed that the employees did not appear to be covered by the factories act and on that basis it awarded to them a nine-hour day, two holidays per month and a limited provision for overtime wages. ..... about this decision it moved the minister of labour, bombay, on october 30, 1952, and requested him to persuade the ahmedabad mills to extend the benefits of the factories act to their watch & ward staff; on november 1, 1952, the union received a reply from the minister stating that he had drawn the attention of the factories department to the judgment in the ruby mills' case [vide bombay labour gazette, dated january 1953, vol. 32, no. 5, p. ..... the appellants are not workers under the said section; and so they did not claim any of the benefits conferred on workers by the provisions of the factories act. .....

Shri B.P. Hira, Works Manager, Central Railway, Parel, Bombay Etc. Vs. ...

Court : Supreme Court of India

Reported in : AIR1959SC1226; (1959)IILLJ397SC; [1960]1SCR137

..... section 70 provides that nothing in this act shall be deemed to apply to any person employed in or within the precincts of a factory and the provisions of the factories act shall, notwithstanding anything in the said act, apply ..... it is not disputed by the appellant that the bombay legislature was competent to prescribe for the extension of the provisions of the factories act to employees in the factories within the territory of the state of bombay; and since sanction for this legislation has been duly obtained from the governor-general of india on january 3, 1949 [published in the bombay government gazette, ..... (1) of the said factories act (lxiii of 1948) and as such he was entitled to overtime ..... made by him in filing the present application should be condoned because jointly with his co-workers he had been in correspondence with the railway administration in regard to the said payment of overtime wages since 1948 and that the claim made by him and his colleagues had been finally rejected by the railway administration on august 31, 1954. ..... the bombay shops and establishments act, 1948, is the third statute which makes a provision for the payment of extra wages ..... , central railway workshop and factory, parel bombay (hereafter called the appellant) by the employees at the said factory (hereafter called the respondents) under the payment of wages act, 1936 (iv of 1936) claiming payment of overtime wages since 1948. ..... shops and establishments act, 1948 (bom. ..... 1948) (hereafter called the act .....

Pratap Chandra Sen Vs. Commissioner of Labour, Bihar Patna and anr.

Court : Supreme Court of India

Reported in : AIR1957SC794; 1957(0)BLJR596; (1957)IILLJ221SC

..... which are of a fairly high standard.it is also provided that the existing labour welfare officers in the factories registered under the factories act of 1948 shall be eligible to apply provided they fulfill the prescribed qualifications and power is reserved in the state government to exempt any person who had been on 1st april 1949, in employment for a year or more in any factory as a welfare officer from the possession of all or any of the prescribed qualifications.rule 5 relating to conditions of ..... , in the very letter of the general manager to the commissioner of labour dated december 2, 1952, it is mentioned that the company have applied to the government of bihar for the grant of exemption from the provisions of section 49 of the factories act. ..... section 50 empowers the state government to make rules exempting any factory from compliance with any of the provisions of chapter v of the act subject to such alternative arrangements for the welfare of the workers as may be ..... sub-section (1) of section 49 provides that in every factory wherein five hundred or more workers are originally employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed.sub-section (2) of section 49 provides that the state government may prescribe the duties, qualifications, and conditions of service of officers employed under sub-section (1) ..... lxiii of 1948) became law on 23rd september 1948, and by virtue of section 1(3) thereof, it came into force on 1st april .....

The Kirloskar Oil Engines Ltd., Kirkee, Poona Vs. the Workmen and ors.

Court : Supreme Court of India

Reported in : AIR1966SC1903; [1962(4)FLR4]; (1961)IILLJ675SC; [1962]Supp1SCR491

..... 79 of the factories act, 1948, it is only where a worker has worked for a period of 240 days or more in a factory during a calendar year that he becomes entitled during the subsequent calendar year to leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by an adult worker in ..... poona, shall be granted 15 days privilege leave (including privilege leave under the factories act) which will be allowed to be accumulated up to 45 days.' 3. ..... regard to the second point on which clarification was sought the relevant direction in the award reads thus : 'at present if a workman works on a weekly off or on a holiday, he gets a substituted holiday under the factories act but no additional payment. ..... 2(f) of the factories act as well as the provisions of ..... the leave usually comes to 14 or 15 days in a year i consider a privilege leave of 15 days a year to both the sections of the workmen in the kirloskar oil engines as quite adequate. ..... 36a of the industrial disputes act, 1947 - section 36a (14 of 1947) (hereafter called the act). ..... the said section empowers the appropriate government to refer any question to the tribunal if the said government is satisfied that any difficulty or doubt arises as to the interpretation of any provision of an award made by the said tribunal ..... is obvious that any question about the propriety, correctness or validity of any provision of the award would be outside the purview of the enquiry contemplated by the section. .....