Court : Punjab and Haryana
Reported in : (1996)114PLR609
..... by the court that where a person applies for registration under the factories act, he has no control over the proceedings thereafter for the grant of ..... a question regarding the late issuance of registration under the factories act also came for examination before the allahabad high court in ..... that the requirement about the registration under the factories act was not a mandatory provision but a directory ..... registration under the factories act was, however, ..... , was, therefore, granted from 24.11.1988, the-date of registration under the factories act. ..... under article 226/227 for quashing the order passed by the revisional authority under section 41(3) of the haryana general sales tax act, 1973 (for short 'the act') and the order of the sales tax tribunal passed on 1.2.1995.2. ..... it has to be noticed that the revisional authority, who passed the revising order undersection 40 of the act, was also a deputy excise and taxation commissioner and therefore, was not higher in rank than the authority empowered ..... section 13b of the act reads as under:-'the state government may, if satisfied that it is necessary or expedient so to do in the interest of industrial development of the state, exempt such class of industries from the payment of tax for such ..... section 40 of the act empowered the revisional authority to call for the record of any case pending before, or disposed of by, any assessing authority or appellate authority, other than the tribunal, for the purposes of satisfying himself as to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1591; [1963(6)FLR348]; (1963)ILLJ270SC; [1964]1SCR860
..... 85 of the factories act :-'in exercise of the powersconferred by section 85 of the factories act, 1948 (lxiii of 1948), thegovernment of maharashtra hereby declares that all the provisions of the saidact shall apply to the places specified in column 2 of the schedule appendedhereto wherein a manufacturing process is carried on with or without the aid ..... 2(1) of the factories act, 1948 does not necessarily involvethe relationship of master and servant, and therefore owners of bidiestablishments had to conform to the requirements of the factories act and toafford to the workers the benefits provided under that act, even though theworkers did not maintain uniform hours of attendance, and were ..... was of the view thatfor the purpose of protecting the bidi rollers against any arbitrary treatmentby the bidi manufacturers, and to maintain the protection given to them underthe factories act which they had hitherto obtained prior to the decision ofthis hon'ble court in the case of shankar balaji waje a notification under s.85 of the factories act, 1948 should be issued. ..... appliances, supervision over workers, healthy and safe premises,proper system of working and extends to giving reasonable instructions.detailed provisions are therefore made in diverse chapters of the act imposingobligations upon the owners of the factories to maintain inspecting staff andfor maintenance of health, cleanliness, prevention of overcrowding andprovision for amenities such as lighting, drinking water, etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD537; 2001(1)ALT665
..... these canteens are provided compulsorily in view of the provisions of section 46 of the factories act, 1948. ..... of the above facts and circumstances of the case, the learned counsel for the petitioners submitted that as many as 18000 workers are working in the project and as per section 46 of the factories act, the state government may make rules requiring that in every specified factory wherein more than 250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers and the canteens shall ..... statutory canteens established and run by the employer, does not depend upon the abolition of the contract labour system by the appropriate government under section 10 of the contract labour (regulation and abolition) act when the employer has established the canteen under statutory obligation contemplated under section 46 of the factories act, but it forms as part of the establishment either it is run by the employer himself or by or through a contractor, it will become part of the establishment of the employer and ..... 14296 of 1992 are working in the canteens established and run either directly or through contractors, by the respondent as per section 46 of the factories act and the petitioners in writ petition no.26581 of 1996 are working in the canteens permitted and approved by the respondent which are run by the contractors nearer to the place of work of the employees of the vsp, therefore, .....
Tag this Judgment!Court : Allahabad
Reported in : [1990]79STC440(All)
..... was, however, rejected on the short ground that the petitioners' unit was registered under the factories act, 1948, subsequently, i.e. ..... divisional level committee appears to be of the view that inasmuch as this registration under the factories act took place after the unit had gone into production, the petitioners could not be granted eligibility ..... committee was hence clearly wrong in rejecting the petitioners' application on the ground that the registration certificate was granted under the factories act to the petitioners subsequently to the date on which the petitioners' unit went into production. ..... is registered under the factories act, the unit becomes entitled to the grant of eligibility certificate provided it complies with the other conditions laid down under the notifications as well as under section 4-a of the u.p. ..... sales tax act is whether the industrial unit applying for that benefit is a 'new unit' as contemplated by section 4-a and if it is found that it complies with the provisions of section 4-a as well as the notifications issued thereunder the certificate has ..... to be found for examining an application under section 4-a of the u.p. ..... the petitioners were a new unit which would be deemed to have gone into production on october 3, 1983, within the meaning of explanation (1) to section 4-a of the u.p. ..... carrying on business of manufacture and sale of steel pipes and tubes claiming to be a new unit and entitled to the exemption from sales tax under section 4-a of the u.p. .....
Tag this Judgment!Court : Chennai
Reported in : [1996(73)FLR1354]
..... union of india (supra) the apex court on an interpretation of paras 2832 and 2830 in chapter xxviii of railway establishment manual and section 46 of the factories act held that the employees in the statutory and non-statutory recognised railway canteens are entitled to be treated as railway employees. ..... 2(1) of the factories act, 1948, the workers of the co-operative society must be considered as the workers of the proprietor of the factory and, therefore, the first respondent is bound to reinstate the canteen employees in their service ..... 46 of the factories act, 1948, and the canteen was run by a ..... section 2(m) of the factories act defines factory and the relevant portion of the definition of factory in ..... section 119 of the factories act says that the provisions of that act shall have effect notwithstanding anything inconsistent therewith contained in contract labour act, ..... section 46(1) of the factories act empowers the state government to make rules requiring that in any specified factory wherein more than 250 workmen are ordinarily employed in a canteen or canteens shall be provided and maintained by the occupier for the use of the ..... section 46 of the factories act, of course enjoins upon the occupier to provide and maintain canteens for the use of the ..... 1(4) of the employees' state insurance act, 1948, held as follows in para. 7 at ..... the srf company has got a factory which is registered under the factories act, 1948, at manali, madras. ..... of the employees' state insurance act, 1948. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1992(65)FLR948]; (1993)ILLJ477P& H; (1992)101PLR666
..... 'manufacturing process' is defined in section 2(k) of the factories act as follows:'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 or substance with a view to its use, sale, transport, ..... sub-clauses (i) and (vi) of section 2(k) of the factories act defines manufacturing process, which has been reproduced in the earlier part of the judgment. ..... we do not see how this process for making food or for washing, cleaning, or otherwise treating or adapting raw materials with a view to prepare food, cannot be treated as manufacturing process as defined in section 2(k) of the factories act. ..... 'manufacturing process' has not been defined under the act but it is provided in the act that the expressions 'manufacturing process' and 'power' shall have the same meaning, respectively assigned to them in the factories act. ..... the employees' state insurance act, 1948 (hereinafter referred to as 'the act') has been enacted to provide certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relation thereto. .....
Tag this Judgment!Court : Kolkata
Reported in : (1898)ILR25Cal454
..... because the person prosecuted was the chairman of the municipality, whereas the sanction accorded was for the prosecution of the municipal commissioners; that sections 15 and 17 of the factories act refer only to persons immediately connected with a factory; that there is nothing to show that the municipal act is to be read with the factories act; that there is no provision of law authorising the prosecution of municipal authorities, and that in any case neither the municipality nor the ..... chairman can be held liable under the provisions of section 17 of the factories act on the magistrate's own finding, that the manager of the factory and the municipality were jointly responsible for ..... on the magistrate's finding of joint responsibility the occupier is not discharged from his liability under section 15 of the factories act and therefore the liability cannot be fixed on any other person. ..... all the questions which have been raised before us, because we are clearly of opinion that assuming that the municipal committee or their chairman could at all be made criminally liable under the provisions of section 17 of the factories act, the conviction is unsustainable on the findings of the magistrate.9. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1970CriLJ922; 1970MPLJ171
..... the state : (1956)illj11all , it was held that what section 106 of the factories act, 1948, requires is that a complaint must be made within three months of the date on which the alleged commission of the offence came to the knowledge of the inspector and not that the court must take cognizance of the ..... ganpat dharmaji air 1943 nag 243, the prosecution was for an offence punishable under section 60 of the factories act, 1948. ..... rukhabsa jinwarsa air 1953 nag 180, it was stressed that as there was no procedure in the code of criminal procedure requiring personal presentation of the complaint by the district magistrate or his representative under section 105 of the factories act, the requirement of law was satisfied when the complaint was forwarded by the district magistrate and received in the court charged with the duty of trying the offence. ..... in air 1953 nag 180, it was held that where the complaint under section 106 of the factories act was made to the magistrate within the prescribed period of three months but he took cognizance beyond that period, there was no contravention of the provisions of section 106 of the factories act and the complaint could not be held to be barred by limitation. ..... the offence in that case was detected by the inspector of factories on 13-8-1949 and congizance could be taken of the offence under section 106 of the factories act within three months of the date on which the alleged commission of the offence came to the knowledge of the inspector. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)ILLJ104Raj
..... manufacturing process has been assigned the same meaning as it has been assigned in the factories act, 1948 under section 2(k)(iii) of the factories act a place where energy is generated, transmitted and distribution falls within the scope of ..... act in comparison of section 2(1) of the factories act, 1948, defining the worker that:'it is to be seen that the definition of an employee in the employees' state insurance act is wider than that of a worker in the factories act ..... that a person can be employed within the meaning of section 2(9)(i) if it is in connection with the work of the factory and none of them is employed in any separate establishment unconnected with the work of the factory, all workers of disputed categories, whether they work in factory or elsewhere, are employees within the meaning of section 2(9)(i) of the employees' state insurance act, 1948. ..... buttressed by inviting attention of the court to sub-section (12) of section 2, which requires that any establishment in order to be called as a factory must have fixed premises, which may include in the precincts thereof and that the manufacturing process ought to be carried on in those premises for the purposes of the act of 1948. ..... gadgets and other devices, and on the premises more than 20 persons were working and no part of the premises was used for purposes unconnected with the manufacturing processes, such a premises constituted a factory within the meaning of section 2(12) of the employees' state insurance act, 1948. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR115; 2009(1)BomCR347
..... perhaps it was little doubtful prior to amendment of factories act, 1948 as to whether the business of mere preservation or storing of articles in cold storage could be considered as a factory or whether the process of such storage could be considered as manufacturing process or ..... learned counsel for appellant next submitted that 'preserving or storing any article in cold storage' in itself is a manufacturing process, under section 2(k)(vi) of the factories act and once it is shown that this process is carried on with the aid of power provisions of employee's state insurance act would be attracted. ..... 289, where sub-clause (vi) of section 2(k) of factories act was specifically considered in relation to a hotel, it may not be open to come to any ..... 'cold storage' used in section 2(k)(vi) of the factories act cannot be interpreted literally and mechanically de hors the object of the act. ..... that decision may be unhelpful since ironing would amount to 'finishing' a garment for sale, covered under section 2(k)(i) of factories act.7. ..... section 2(k) of factories act defines manufacturing process as under: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 or substance with a view ..... key to the questions posed lies in the definition of 'factory' in section 2(12) of employee's state insurance act (or even section 2(m) of factories act). .....
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