Judgment Search Results Home > Cases Phrase: factories act 1948 section 11 cleanliness Page 3 of about 18,583 results (0.169 seconds)

Usmangani Abdulrehman Mansuri Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1990)1GLR325

..... said resolution, it has clearly been pointed out that provisions of the factories act are to be applied to the workshop staff working in government transport garage and that this staff shall be eligible to all public holidays save and except second and fourth saturdays declared by the government of gujarat as they continue to be government servants though covered by the factories act, 1948. ..... that apart, even on the basis that motor transport section may have been registered as a factory under the factories act, the question would still remain as to whether civilian staff which is transferable outside workshop and which is enjoying the benefit of second and fourth saturdays or public holidays can be treated to be comparable to the ..... it is also pertinent to note that under section 51 of the factories act, employees governed by the factories act can be asked to work for 48 hours in a week and per day, they cannot be asked to do work for more than 8 hours, meaning thereby, they can be required to work for six days ..... holidays to supervisors, junior engineers and deputy engineers in the central workshop as well as to employees in photo litho press, photo registry department, project drilling sub-division under the mechanical department and motor transport section to police department, would ipso facto apply for negativing the petitioners' case for grant of second and fourth saturdays on the basis of the alleged discrimination qua the petitioners as compared to the employees in the .....

Electronics Corporation of India Limited Vs. State of Andhra Pradesh R ...

Court : Andhra Pradesh

..... a proper and careful analysis of section 23 of the atomic energy act discloses that the provisions of the factories act have not been done away with in their application to factories, which are liable to be regulated by the atomic energy act; instead of the state government exercising the necessary powers for enforcing the provisions of the factories act, 1948, such powers become exercisable by the central government. ..... further, in section 23 of the atomic energy act, a specific reference was made to the factories act, 1948, and hence notwithstanding anything contained in the factories act, 1948, the parliament conferred exclusive power to administer the said enactment with regard to a factory owned by the central government and carrying out any of the purposes of the atomic energy act, 1962, on the central government. ..... , which fall within the sweep of section 2(1)(h) of the atomic energy act, 1962 then the power to secure enforcement of the provisions of the factories act, 1948, including the power to appoint inspectors and consequently the discharge of functions assigned to them under section 9 of the factories act switches over to the central government. .....

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 .....

Ratna Sugar Mill Mazdoor Union Vs. Ratna Sugar Mills Company, Ltd. and ...

Court : Allahabad

Reported in : (1966)ILLJ597All

..... on 4 july 1961 the mills gave two notices to the secretaries of the petitioners, one referring to the workers whose leave was governed by the indian factories act, 1948, and the other to those whose leave was governed by the uttar pradesh shops and commercial establishments act, 1947. ..... kacker contended that the tribunal failed to see the effect of section 78 of the indian factories act and the effect of section 6 of the uttar pradesh shops and commercial establishments act that leave available to the employees cannot be unilaterally curtailed. ..... what is protected by section 78 of the factories act and section 5 of the uttar pradesh shops and commercial establishments act, section 3 of the act and clause u of the standing orders dated 3 october 1958 is the advantage which a workman is entitled to. ..... he further urged that section 41 of the act could not be used to defeat the provisions of sections 78 and 79 of the indian factories act and sections 5 and 13 of the uttar pradesh shops and commercial establishments act. ..... i agree with sri kacker that the very purpose of giving protection under section 78 of the factories act, section 5 of the uttar pradesh shops and commercial establishments act, section 3(b) of the act and clause u of the standing orders, as originally framed, will be thwarted if unlimited licence is given to an employer to effect a change under section 41 of the act. .....

Commissioner of Income-tax Vs. Hindustan Aeronautics Ltd.

Court : Karnataka

Reported in : (1988)71CTR(Kar)156; [1988]174ITR340(KAR); [1988]174ITR340(Karn); 1988(2)KarLJ76; [1988]40TAXMAN31(Kar)

..... as there was no material difference between this section and section 79 of the factories act, 1948, the view of the calcutta high court was followed in chhaganlal textile ..... in substance, there is no difference between section 79 of the factories act, 1948, on the one hand and the leave rules of the assessee on ..... requires to be considered in this case is whether there is any material difference between the rule and section 79 of the factories act as is sought to be made out in the remand report of the appellate assistant commissioner. ..... the appellate assistant commissioner distinguished the leave benefit as provided in section 79 of the factories act from the rules applicable in the instant case and pointed out that vacation leave is earned at the end of each calendar year at the rate of one and one-half days per calendar ..... the basis of that decision is that liability under section 49b of the factories act, 1934, to pay holiday wages depends on the circumstances specified therein and since they may or may not arise, the liability is only contingent and uncertain which may or may not have to ..... after examining the provisions of section 49b of the factories act, 1934, the learned chief justice of the calcutta high court ..... in computing its profit and loss because it had incurred a liability for a corresponding amount to the employees on account of holiday wages which would have to be paid to them some time in the following year in accordance with section 49b of the factories act, 1934. .....

Vellipalayam Co-operative Milk Supply Society, Rep., by Its Special Of ...

Court : Chennai

Reported in : [2004(102)FLR1112]; (2004)IILLJ885Mad; (2004)3MLJ315

..... the points for consideration in this appeal are:-(1)whether the definition of 'manufacturing process' under the factories act 1948 as amended under the act 94 of 1976 has been incorporated under sec. ..... so, the same is extracted as defined under the factories act, 1948, which reads thus:-'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, ..... the expression 'manufacturing process' as defined under the factories act, 1948 is by specific reference incorporated to the definition of factory under sec. ..... act which is carrying on 'manufacturing process' as defined under the factories act, 1948. ..... by an amendment to the factories act, 1948, the process of storing any article in cold storage deep freezer etc. ..... act and the meaning assigned to the expression 'manufacturing process' under the factories act, 1948. ..... (2) whether there is a mere reference or citation of the definition of 'manufacturing process' under the factories act 1948 in the e.s.i. ..... we have to understand the impugned definition applying the subsequent amendments to the expression 'manufacturing process' in the factories act, 1948. ..... the expressions 'manufacturing process' and 'power' shall have the meaning respectively assigned to them in the factories act, 1948. .....

VST Industries Canteen Workers' Union Vs. Vazir Sultan Tabacco Co. Ltd ...

Court : Andhra Pradesh

Reported in : 1995(3)ALT644; (1998)IIILLJ450AP

..... canteen workers in the life insurance corporation office, examined various decisions in this regard with special reference to the implication of sections 46 and 47 of the factories act, 1948 and formulated few issues to examine the claims as to whether canteen workers employed in a company, which establishes and manages the said canteen as provided under section 46 of the factories act could be treated as employees of the management/company and whether they are entitled to seek regular pay on par with ..... of a canteen and its maintenance is a statutory requirement provided under section 46 of chapter v of the factories act, 1948. ..... navaneetham seeking a mandamusdirecting the first respondent to treat the members of the petitioner-union who are the employees of the canteeen, established under section 46of the factories act by the first respondent, as the employees of the first respondent-company and seeks a consequential direction to tender all monetary and other benefits accrued and acquired by treating them as employees ..... under the said chapter v of the factories act, 1948, a public duty is imposed on the respondent-company to establish ..... srinivasa murthy that the respondent-company by providing a canteen has fulfilled the requirement contemplated under section 46 of the factories act and there is no further obligation on the management to manage the canteen, cannot be accepted by this court in view of the fact that providing facilities to the workers is an implicit obligation .....

Mahindra and Mahindra Ltd. Vs. General Employees' Union and Ors.

Court : Mumbai

Reported in : 2006(6)BomCR150

..... the judgments of the supreme court hold that where a canteen is provided and maintained under section 46 of the factories act, 1948, it cannot be regarded as a universal proposition that by a deeming fiction of law, the employees of the canteen must be regarded for all purposes as the workmen of the establishment ..... the position and status of the workmen engaged in a statutory canteen maintained in pursuance to the rules framed under section 46 of the factories act, 1948 has to come up for consideration in several cases before the supreme court. ..... the decisions of the supreme court, in matters relating to canteens governed by section 46 of the factories act, 1948, therefore, do not support the proposition that all the employees engaged through a contractor or an intermediary in such a canteen ipso facto become the employees of the management for a ..... the co-operative society is entirely supervised, run and finally controlled by the company.the union relies on the circumstance that the canteen is maintained in pursuance of the mandatory requirement of section 46 of the factories act, 1948, and the contention is that the employees of the factory are in law and in fact employees of the company.3. ..... sub-section (1) of section 46 of the factories act, 1948 empowers the state government to make rules requiring that in any specified factory wherein more than 250 workers have been ordinarily employed a canteen or canteens shall be provided and maintained by the occupier for the use of the .....

State of Kerala Vs. Kitex Garments (Ltd)

Court : Kerala

..... shall get the buildings inspected by the concerned tahsildar to see whether the buildings are buildings constructed for satisfying the statutory requirements of sections 42 to 48 of the factories act or whether the same are buildings used as hostel for accommodating the petitioner's employees. ..... learned single judge at paragraph 8 of the judgment proceeded to opine as under, with reference to the statutory requirements of sections 42 to 48 of the factories act which also required factual situation resulting in inspection of the premises in question: wa.824/09 2 "8. ..... the government comes to a finding that the buildings are buildings referred to in sections 42 to 48 of the factories act, the petitioner shall be given exemption. ..... , sections 42 to 48, opined that the employer is bound to provide certain amenities as required under the factories act and further opined, if the buildings are maintained in compliance with the provisions of the factories act, such benefit could be extended to ..... by the same, the state is before us contending that all buildings provided in the factory premises cannot come within the purview of the building tax exemption provided under wa.824/09 3 section 3(1)(b) of the kerala building tax act, therefore, the learned judge was not justified in opining that the buildings maintained as per sections 42 to 48 of the act would also come within the purview of the exemption. ..... learned single judge, after referring to various provisions of the factories act, i.e. .....

State Vs. Shri Krishna Pd. Dar

Court : Allahabad

Reported in : AIR1954All44; (1954)ILLJ273All

..... 541 of 1951 -- the charge was for the breach of section 52, factories act, 1948, namely, act 53 of 1948. ..... some of the provisions of the factories act of 1948, particularly the provisions in point, are in different words from the provisions of the factories act as it was in 1911.11. ..... the scope of section 52, factories act, makes it clear to us that only such workers alone are contemplated by that section over whom the particular employer has control, not only in the matter of taking work from them, but also in the matter of their employment, leave, holidays, etc. ..... section 52, factories act, is in these words: '52 (1) no adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless: (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier. ..... 540 of 1951 there was a complaint for a breach of section 62, factories act, read with rule97 of the act.5. ..... 541 of 1951, inasmuchas the respondents rameshwar prasad bajoriaand sri krishna prasad dar could not havebeen convicted under section 52, factories act. ..... in this case the manager, robinson, was prosecuted for certain breaches of certain sections of the indian factories act. .....