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Kirloskar Brothers Ltd. Vs. Employees' State Insurance Corpn.

Court : Supreme Court of India

Reported in : AIR1996SC3261; JT1996(2)SC159; 1996LabIC1718; (1996)ILLJ1156SC; 1996(2)SCALE1; (1996)2SCC682; [1996]1SCR884; (1996)4UPLBEC2796

..... 'principal employer' defined in section 2(17) means, 'in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative or 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; 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; in any ..... (emphasis supplied), 'occupier' of the factory under section 2(15) shall have the meaning assigned to it in the factories act. ..... it would thus be seen that the principal employer is the exclusive owner or occupier of the factory and includes the managing agent of the owner or occupier or where a person has been named as the manager of the factory under the factories act the person so named or any other person responsible for the supervision and control of the establishment etc. ..... in these appeals short question that arises for consideration is whether the employees' state insurance act, 1948 (for short, 'the act') would apply to the regional offices of the appellant at secunderabad in andhra pradesh and bangalore in karnataka state. ..... section 2(9) of the act defines 'employee' to mean any person employed for wages in or in connection with the work of a factory or establishment to which this act applies... .....

Jeevanlal (1929) Limited and ors. Vs. Controlling Authority Under the ...

Court : Chennai

Reported in : (1982)ILLJ86Mad

..... the factories act, 1948. ..... but, so far as the interpretation of 'continuous service' is concerned, the bench held as follows : 'the new definition in section 25-b and the substitution of the words 'for every completed year of continuous service' for the words 'for every completed year of service' ..... section 2, the wording of which has presumably led the second respondent to hold that there can be an establishment of a mine, is intended to cover (i) establishments belonging to or under the control of the central government and (ii) establishments having branches in more than one state, as well as (iii) factories belonging to or under the control of the central government and (iv) major ports, mines, oilfields or ..... section 14 of the act clearly lays down that the provisions of the act or any rule made thereunder will have overriding effect over any other enactment other than the act ..... section 14 of the act clearly lays down that the act will have overriding force over all other enactments, instruments, or contracts relating to payment of gratuity, subject, however, to the condition that if an employee is entitled to higher gratuity benefits under any settlement, award or scheme, ..... the relevant provisions read as follows : 'section 4(1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five ..... 264, related to the payment of closure compensation for workmen under section 25-fff of industrial disputes act. .....

Employees' State Insurance Corporation Vs. Southern Motors

Court : Chennai

Reported in : [1998(79)FLR905]; (1998)IIILLJ1295Mad

..... section 2(k) of the factories act, 1948 (63 of 1948) defines the expression 'manufacturing process' in the following terms: 'manufacturing process' means any process for- (i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article of ..... , lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid process ; (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 repacking 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' shall have the meanings respectively assigned to them in the factories act, 1948 (63 of 1948)'. ..... form a combined reading of section 2(12) of the employees' state insurance act and section 2(k) of the factories act, it would appear that as long as there are twenty or more workers in a premises, where no power is used, would make the premises a factory. .....

Souther Agencies Vs. Andhra Pradesh Employees State Insurance Corporat ...

Court : Andhra Pradesh

Reported in : 1998(3)ALD15; 1998(2)ALT731

..... act- 'commercial establishment' within the meaning of section 2(5) means, 'an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession or which is a clerical department of a factory or an industrial undertaking or which is commercial or trading or banking or insurance establishment and includes an establishment under the management and control of a co-operative society, an establishment of a factory or an industrial undertaking which falls' outside the scope of the factories act, 1948 ..... , and such other establishment as the government may, by notification, declare to be a commercial establishment for the purposes of this act but does not include a shop'. ..... 1.the employees' state insurance act, 1948 being one of the most comprehensive legislations in the field of social security to safeguard the interest of the working section of the people of the country has, however, its origin as early as 1927 at the tenth session of the international labour conference of the international labour organisation, this .....

K.C. Majumdar and anr. Vs. State of Bihar and anr.

Court : Jharkhand

Reported in : (2003)IIILLJ448Jhar

..... section 6 of factories act, 1948, rule 3 of bihar factories rules, 1950, section 61 of the act read with rule 79, section 38 of the act read with rule 62, section 45 read with rules 64 and 80 of the bihar factories rules ..... submission of the learned counsel for the petitioner, it is relevant to quote section 105(1) of the factories act, 1948 which reads as under. ..... the learned chief judicial magistrate took cognizance of the offences punishable under section 92 of the factories act (hereinafter referred to as the 'act.')2. ..... singh is that previous sanction in writing of an inspector for filing the complaint was a sine qua non for taking cognizance for the offence under the act, cannot be accepted because section 105(1) of the act clearly speaks, that either the complaint has to be made in writing by an inspector and if the complaint is not being filed by an inspector then in that case, previous sanction in writing by an inspector is required ..... , does not come under the purview of the definition of the factory, as envisaged under section 2(m) of the act and therefore, no prosecution could have been launched, for violation of provisions of the act or rules. ..... the factory was being run since last 15 years without having any valid licence as envisaged under section 6 of the act. ..... a written report on december 21, 1998 before the learned chief judicial magistrate, jamshedpur, alleging therein that wood craft training centre, jojobera is a factory within the meaning of section 2(m) of the act. .....

Lalitkumar D. Thakkar Vs. Controlling Authority and Asstt. Labour Comm ...

Court : Gujarat

Reported in : (2006)IILLJ938Guj

..... , : (1998)iillj604sc wherein it is held that for the purpose of section 2(n) of the factories act what is to be seen is who has the ultimate control over the affairs of the factory. ..... here in the present case, so far as the factory is concerned, the petitioner was having the ultimate control and hence, he squarely falls within the definition of the employer as provided under section 2a of the payment of gratuity act. ..... he has, therefore, submitted that while interpreting these two definitions under the payment of gratuity act, it has to be borne in mind that while applying any of the two definitions to any person, the ingredients as included under the definition of the word employee should firstly be examined and in the instant case, the petitioner was admittedly a salaried employee being in the over all charge of the affairs of the factory or the business carried out by the company. ..... legislature in its right wisdom omitted the ceiling of the salary from the definition of employee and also included the managerial functionaries within the definition, the objective of the payment of gratuity act was to include within its beneficial sweep every salaried employee irrespective of the amount of salary drawn and irrespective of the capacity in which he was employed except those who were in the ultimate control of the affairs of the factory or the company. .....

K. Gangadhar and ors. Vs. the Appellate Authority Under Payment of Gra ...

Court : Andhra Pradesh

Reported in : 1992(2)ALT580; (1993)ILLJ342AP

..... the word 'factory' is defined under section 2(m) of factories act, 1948 and the contention of the management is that there is no premises for carrying on manufacturing process by the management and as such, it cannot be construed as a factory, is not acceptable for the reason that, it is the manufacturing process which is the criterion and not the premises or place in ..... and establishments act; and (c) though they come under 'other establishments', but there is no notification in that regard as contemplated under section 1(3)(c) of payment of gratuity act, 1972 and that beedi and cigar workers are governed by beedi and cigar workers act, 1966 and not by factories act, 1948 or by ..... section 38 says that chapter iv and section 85 of the factories act, 1948 shall apply to industrial premises and the rest of the provisions in that act shall not apply to any industrial premises and further says that nothing contained in any law relating to regulation of conditions of work of workers in shops or commercial establishments shall apply to any shop to which this act ..... for the reason mentioned infra, the payment of gratuity act, 1972 is applicable even if the management is not a factory within the meaning of factories act, 1948. 6. ..... , a definite place or premises loses its significance and instances are galore, where in judicial precedents, it was held that any place, even that of a sea shore, where prawns are processed, can be construed as a factory within the meaning of factories act, 1948. .....

Lal Bavta Hotel Aur Bakery Mazdoor Union, a trade union Incorporated u ...

Court : Mumbai

Reported in : 2007(3)ALLMR74; 2007(5)BomCR456; [2007(113)FLR568]; (2007)IIILLJ201Bom; 2007(3)MhLj426

..... ' is for the purposes of the chapter defined by clause (a) of section 25-l as follows:25l(a) 'industrial establishment' means(i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948) (ii) a mine as defined in clause (j) of sub-section (l) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); 5. ..... the expression 'factory' is defined in section 2(m) of the factories act, 1948 thus :(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 ..... learned single judge was not in error in coming to the conclusion that the establishment of ritz hotel being a hotel would not fall for classification as a factory under section 2(m) of the factories act, 1948 and as a result would not be an industrial establishment for the purposes of chapter vb of the industrial disputes act, 1947. 7. ..... the question before the court is whether the establishment of the first respondent is a factory as defined in clause (m) of section 2 of the factories act, 1948. ..... the second submission that has been urged is that the provisions of section 25-f of the industrial disputes act, 1947 are mandatory and that for want of compliance with the requirements contained in that provision the order of termination will have to be .....

Transport and Dock Workers Union and anr. Vs. Chowgule Steamships Ltd. ...

Court : Mumbai

Reported in : 1997(4)BomCR33; (1997)3BOMLR387; 1997(1)MhLj574

..... reference may also be made in this connection to some of the provisions of the factories act, 1948. ..... in our opinion, the legislature has rightly included 'hours of work' in the fourth schedule as a condition of service on any change in respect of which section 9-a would be attracted and has deliberately avoided the use of the expression 'periods of work' which it has itself used in other legislations, such as the factories act. ..... , factories act, in particular sections 31, 54 and 55 thereof, to show that the parliament itself has used the two expressions 'hours of work' and 'period of work' to denote two different things. ..... (2) the state government or, subject to the control of the state government, the chief inspector may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker, without an interval does not exceed six'. ..... deshmukh, learned counsel for the appellants drew our attention to the dictionary meaning of the word 'hours' and submitted that considering the dictionary meaning as well as the object and purpose of section 9-a, we should give the expression 'hours of work' a wider interpretation to mean not only 'hours of work', but also the 'period of work'. .....

M/s. Kotak Mahindra Prime Ltd. Vs. M/s. Lifeline Industries Ltd. (In L ...

Court : Mumbai

..... suit, appeal or other proceeding of whatever nature relating to the said financial asset is pending by or against the bank or financial institution, save as provided in the third proviso to sub-section (1) of section 15 of the sick industrial companies (special provisions) act, 1985 (1 of 1986) the same shall not abate, or be discontinued or be, in any way, prejudicially affected by reason of the acquisition of financial asset by the securitisation company or reconstruction company, as the case may be, but the suit, appeal or ..... ms awasthi, appearing on behalf of arcil states that symbolic possession of the factory premises was taken by iob and thereafter iob also made an application under section 14 of the sarfaesi act for the purposes of taking physical possession. ..... as a matter of fact, it may be noted that an express provision has been made in sub-section (4) of section 5 of the securitisation act in respect of suits, appeals or other proceedings which are pending on the date of the acquisition of the financial ..... considering that iob had already taken steps under the sarfaesi act for taking possession of the factory premises, and even arcil has now taken the steps in that regard, the directions sought in prayer clause (b) of the olr are rendered infructuous. ..... application under section 14 of the sarfaesi act was allowed by the magistrate vide his order dated 29 november, 2011 and appointed the authorized officer of iob to take the physical possession of the factory premises. .....