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Indian Oxygen Ltd. Vs. their Workmen

Court : Supreme Court of India

Reported in : AIR1969SC306; [1969(18)FLR164]; (1969)ILLJ235SC; [1969]1SCR550

..... certain disputes having arisen between the appellant company and its workmen employed in the factory at jamshedpur, the company and the said workmen represented by their union called the indoxco labour union, jamshedpur, made a joint application dated september 7, 1963 to the government of bihar for a reference under section 10(2) of the industrial disputes act, 1947. ..... of indian oxygen limited, jamshedpur-7 and their workmen represented by indoxco labour union, jamshedpur, regarding the matters specified in their joint applications dated 7-9-1963 annexed hereto......now, therefore, in exercise of powers conferred by sub-section (2) of section 10 of the industrial disputes act, 1947 (xiv of 1947), the governor of bihar is pleased to refer the said dispute......' the notification thus makes it clear that the disputes referred to the tribunal were disputes set out in the ..... . jatin chakravorty, : (1961)illj244sc on the effect and interpretation of section 18 of the industrial disputes act, relied on by counsel for the union are beside the point and do not assist him.12 ..... . 3, counsel for the company raised two contentions; (i) that the company's factory at jamshedpur having been declared an establishment under the bihar shops and establishments act, it could be made liable to pay for overtime work at the rate provided in that act, viz .....

Qazi Noorul H.H.H. Petrol Pump and anr. Vs. Dy. Director, E.S.i. Corpo ...

Court : Supreme Court of India

Reported in : 2009AIRSCW5490; 2010(1)AWC531(SC); 2009(240)ELT481(SC); JT2009(12)SC513; (2009)IVLLJ653SC; 2009(10)SCALE314

..... in the factories act, 1948, section 2(k) of the act includes pumping oil as a ..... 'manufacturing process' as well as 'power' used in the act have been given the same meaning as in the factories act, 1948, vide sections 2(14aa) and section 2(15c) of the act.6. ..... present case, section 2(14aa) of the act states that 'manufacturing process' shall have the meaning assigned to it in the factories act, 1948. ..... , the language used in section 2(k)(ii) of the factories act, 1948 is clear. ..... section 2(k), sub-clause (ii) of the factories act, 1948 states that pumping oil is ..... section 2(k) of the factories act, 1948 defines 'manufacturing process' as follows:(k) 'manufacturing process' means process for-- (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to ..... in the central excise act, 1944, the word 'manufacture' means bringing into existence a different commodity, though this is not the definition of 'manufacturing process' in the factories act, 1948. ..... allahabad challenging an order dated 17th october, 2002 issued by the deputy director, employees state insurance corporation, regional office, kanpur directing the appellant to make contribution under the employees' state insurance act, 1948 (for short 'the act') from august, 1993 to may, 2000 and interest on the aforesaid amount failing which recovery shall be issued under sections 45-c and 45-g of the act.4. .....

The Regional Director, Employees'State Insurance Corporation Vs. M/s. ...

Court : Supreme Court of India

Reported in : AIR1992SC129; [1991(63)FLR423]; [1991]3SCR307a; 1991(2)LC596(SC)

..... , sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year-(a) in any process of blending, packing or re-packing of tea or coffee; or (b) in such other manufacturing process as the central government may, by notification in the official gazette, specify; the expressions 'manufacturing process' and 'power' shall have the meaning respectively assigned to them in the factories act, 1948.5. ..... the 'seasonal factory' is defined under section 2(12) of the act which is extracted hereunder:seasonal factory means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton, ginning, cotton or jute pressing, decortications of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process ..... section 1(4) excuses 'seasonal factory' from the scope of the act. ..... challenging the validity of the demand made, the respondents approached the employees' insurance court, inter alia contending that the amendment to the definition of the expression 'seasonal factory' brought out by the amending act 44 of 1966 has not altered the position of the seasonal factory as obtained prior to the amendment and section 1(4) of the act would still continue to exclude such factory from the operation of the act. .....

Uttaranchal Forest Development Corpn. and anr. Vs. Jabar Singh and ors ...

Court : Supreme Court of India

Reported in : [2007(113)FLR1]; (2007)IILLJ95SC; 2007(3)MhLj354; 2006(13)SCALE558; (2007)2SCC112; [2007]2SCL423(SC); 2007(2)SLJ423(SC);

..... . it was submitted that the aforesaid activity would fully comply with definition of 'manufacturing process' as defined under section 2(k) of the factories act, 1948.it was submitted that the activity in question in the present case could easily be said to be making or altering an article with a view to its use, sale, transport, delivery or disposal ..... . 1376 of 2001 before the high court which by its impugned judgment quashed the award on the ground that the working of the appellant-corporation fully fell within the definition of factory under section 2(m) of the factories act, 1948 and, therefore, section 25n was applicable to the corporation especially as the state government of u.p ..... . it is true that the word 'premises' occurring in the definition of 'factory' in section 2(m) of the factories act, 1948, implies a fixed site but that word not only covers building out even open land can also be a part of the premises ..... . the appellant has urged that in order to satisfy the definition of 'factory' under section 2(m) of the factories act, there must be a 'manufacturing process' and the activity which was carried on by the workmen does not fall within the definition of 'manufacturing process' as defined in section 2(k) of the factories act, 1948 ..... . it is a definition section which lays down that for the purpose of chapter v-b an industrial establishment amongst others would mean '(i) a factory as defined in clause(m) of section 2 of the factories act, 1948 (63 of 1948)' .....

Indian Overseas Bank Vs. I.O.B. Staff Canteen Workers' Union and Anr.

Court : Supreme Court of India

Reported in : 2000(2)CTC506; [2000(85)FLR672]; JT2000(4)SC503; (2000)ILLJ1618SC; 2000(3)SCALE255; (2000)4SCC245; [2000]2SCR1212; (2000)3UPLBEC1920

..... : [1990]1scr687 in this case, this 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 of those which are established with the prior approval and recognition of the railway board as per the procedure detailed in the railway establishment manual ..... and following the decision in m.m.r khan's case (supra) and reserve bank's case (supra), it was held that the deemed employment of such workers is only for the purposes of the factories act and not for all purpose, because the factories act, as such, does not govern the rights of employees with reference to recruitment seniority, promotion, retirement benefits etc. ..... what emerges from the statute law and the judicial decisions is as follows:(i) whereas 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 ..... the conciliation proceedings having failed, the government of india in exercise of the powers conferred under clause (d) of sub-section (1) and sub-section (2a) of section 10 of the industrial disputes act, 1947 referred the following dispute for adjudication by the industrial tribunal, chennai:whether the demand of the workmen of the indian overseas bank staff canteen represented by the .....

In Re: Noise Pollution - Implementation of the Laws for Restricting Us ...

Court : Supreme Court of India

Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733

..... the factories act, 1948. ..... . under section 89 of the act, any medical practitioner who detects any modifiable disease, including noise- induced hearing loss, in a worker, has to report the case to the chief inspector of factories, along with all other ..... . however, under the third schedule [sections 89 and 90 of the act], 'noise induced hearing loss', is mentioned as a ..... the state , accused/petitioner was convicted and sentenced under section 290 of indian penal code, 1860 and was fined ..... . under section 268 of this code, it is mentioned that 'a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance ..... . noise pollution can be dealt under sections 268, 290 and 291 of the indian penal code, as a ..... . section 2 of this act provides that loudspeakers should not be operated between the hours of 9:00 in the evening and 8:00 in the following morning for any purpose and at any other time for purpose of advertisement and entertainment, trade ..... . section 2 of the said act defines 'environmental pollutant' to mean any solid, liquid or gaseous substance present in such concentration as may be, or tends to be injurious ..... . section 2 of the environment (protection) act, 1986 defines 'environmental pollution' to mean the presence in the environment of any .....

Workmen of Delhi Electric Supply Undertaking Vs. the Management of Del ...

Court : Supreme Court of India

Reported in : AIR1973SC365; (1972)IILLJ130SC; (1974)3SCC108

..... only the following classes of servants of the board shall be entitled to receive over-time pay(a) those governed by the provisions of the factories act, 1948. ..... it cannot be said that any manufacturing process either takes place in the sub-stations or in the zonal stations and they do not satisfy the definition of 'factory' under section 2(m) of the factories act. ..... the expressions 'manufacturing process' and 'factory' are defined in section 2(k) and (m) respectively of the factories act. as mr. ..... the substations and the zonal stations do not come under the definition of 'factory' as per section 2(m) of the factories act. ..... the respondent further pleaded that the payment of over-time wages was being paid to the workmen in the power station not under the factories act but under clause (d) of regulation 17 of the service regulations framed under section 79(c) of the electricity (supply) act. ..... and neither the sub-stations nor the zonal stations have been treated as a factory as in law those two areas are not a factory under section 2(m) of the factories act. ..... this court observed as follows:it seems to us a startling proposition that every inch of the wide area over which the transmission lines are spread is a factory within the meaning of section 2(12). ..... employees state insurance corporation : (1967)iillj40sc wherein this court has disapproved the decision of the bombay high court (nagpur bench), which had held that under section 2(12) of the employees state insurance act. .....

E.s.i Corporation Vs. Kakinanda Municipality And Ors. Commissioner

Court : Supreme Court of India

..... so carried on, but does not include a mine subject to the operation of the mines act, 1952 (35 of 1952), or a railway running shed; section 14aa defines manufacturing process : (14aa) manufacturing process shall have the meaning assigned to it in the factories act, 1948 (63 of 1948) (10) in the facts of this case, there is no dispute that the first respondent was running a factory within the 8 civil appeal no.1870 of2011meaning of the act, insofar as it is undertaking manufacturing activities within the meaning of the expression manufacturing process as defined ..... the said factory was covered under the employees state insurance act, 1948 (hereinafter referred to as act for brevity) from 12.01.1965. ..... (3) alternately direct the respondents to grant exemption under section 90 of esi act, 1948 and also set aside the attachment order dated 15.01.2002. ..... sought in the said application are noticed as follows: (1) to declare that the petitioner municipality being a local self government, functioning under the statute and providing better amenities to its employees is covered by the provisions to sub-section 4 of section 1 of esi act, 1948. ..... it is his case that the first respondent was running the factory which attracted the provisions of the act as contained in section 1(4): it shall apply, in the first instance, to all factories (including factories belonging to the government) other than seasonal factories. .....

The Employees State Insurance Corporation Ltd. Vs. Nagar Nigam Allahab ...

Court : Supreme Court of India

..... if, at all, this situation had changed in the period subsequent to 1978 and before issuance of the notice under section 45a of the act of 1948, the respondent-nagar nigam would be required to demonstrate the same by providing appropriate evidence to the authorized officer in response to the said notice and establish that it was not covered under the definition of factory and that no manufacturing process was 2 2023 scc online sc127113 being undertaken in its premises. ..... kakinada municipality and others1 and urged that the controversy involved in the present appeal is fully covered by the said judgment wherein it has been clearly held that in respect of factory belonging to the local authority, unless power of exemption is exercised by the government, it would be covered by 1 (2022) 2 scc565 the provisions of section 1(4) of the act of 1948 and thus, liable to pay contribution.11. ..... (14-aa) manufacturing process shall have the meaning assigned to it in the factories act, 1948 (63 of 1948);17. ..... recovery certificates were issued from time to time by the appellant- corporation to the respondent-nagar nigam on account of non- payment of mandatory contributions under section 40 of the act of 1948, whereunder the principal employer is obligated to pay both employer s and employee s contribution in respect of every employee working in the factory. .....

The Factory Manager, Cimmco Wagon Factory Vs. Virendra Kumar Sharma an ...

Court : Supreme Court of India

Reported in : AIR2000SC2524; [2000(86)FLR772]; JT2000(8)SC229; (2000)IILLJ775SC; 2000(5)SCALE290; (2000)6SCC554; [2000]Supp1SCR678; 2000(2)LC1143(SC); (2000)3UPLBEC1865

..... it also held that presumption that could be raised under section 103 of the factories act, 1948 (for short the 'act') stood rebutted as no appointment letter was given to the respondent; he was neither paid any salary or wages and that the relationship for master and servant did not exist between the appellant and the ..... section 103 of the factories act, 1948 reads as under:103. ..... the learned counsel added that the presumption raised by the division bench under section 103 of the act was clearly erroneous and the said provision has no application to the case of the respondent.7. ..... even otherwise on the material placed on record when it was factually established that the respondent was not a workman, raising a presumption under section 103 of the act in his favour was not correct. ..... as regards the presumption to be drawn under section 103 of the act, the labour court observed that such a presumption was put to an end by the facts of the case as the respondent was not given any appointment tetter; he was neither paid any salary or wages and that ..... presumption as to employment - if a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this act and the rules made thereunder to have been at that time employed in the factory. .....