Judgment Search Results Home > Cases Phrase: factories act 1948 section 11 cleanliness Page 4 of about 18,583 results (0.107 seconds)

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

..... section 46 of the factories act, 1948 ..... the question from the point of view of statutory liability of the appellant to run the canteen in the factory and having construed the language employed in the definitions of employee and employer in sub-sections (13) and (14), respectively, of section 3 of the act, and the definition of worker contained in section 2(i) of the factories act and having referred to basti sugar mill case held that even though in pursuance of a statutory liability the ..... angle even though the constitution bench held that the contract labourers employed in statutory canteens stand on a different footing, on a careful examination of the provisions of the factories act, the act and the reasoning adopted by the constitution bench that there is no automatic absorption, the declaration of law by the apex court in our view equally applies to ..... factories act, 1948 was to ensure adequate safety measures and to promote health and welfare of the workers employed in factories ..... of the view that in the absence of any obligation statutory or otherwise regarding the running of a canteen by the bank and the details relating hereto similar to factories act, or the railway establishment manual and in the absence of any effective or direct control in bank to supervise and control the work done by various persons, the ..... clearly in the bill itself the minimum requirements regarding health, (cleanliness, ventilation and temperature, dangerous dusts and fumes, lighting and control .....

Central Coalfields Ltd. Vs. the State of Bihar and anr.

Court : Jharkhand

Reported in : 2009(57)BLJR2139; (2009)IVLLJ774Jhar

..... the provisions under section 2(k)(i) and under section 2(m)(i) and (ii) of the factories act, 1948 is not at all applicable but instead it is covered under the inclusive definition under section 2(j) of the mines act, 1952 as well as under section 2(h) of the coal nationalization act since the water treatment plant is installed for ancillary purposes for its use in syal-d colliery and hence it falls within the definition of section 2(j) of the mines act. ..... the respondents in their counter affidavit have submitted that under section 9 of the factories act, 1948 the inspector of factories was empowered to inspect the place and examine it wherever he has reasons to believe that the plaint is being used as a factory. ..... even under the definition of manufacturing process as provided under section 2(k) of the factories act, the water treatment plant cannot be termed to be a manufacturing process and it cannot come within the definition of factory as defined under section 2(m) of the factories act. ..... it has further been submitted that section 2(k)(i)(ii) of the factories act defines manufacturing process and it was in these backgrounds notices were issued for registration under factories act read with bihar factories rules. ..... to it without charging any cost and the same and it is only for the welfare purpose and not for commercial purpose and thus, it neither produces any thing nor manufactures any thing to be covered under section 2(k) of the factories act.10. .....

Ramlanshan Jageshar Vs. Bombay Gas Co. Ltd.

Court : Mumbai

Reported in : AIR1961Bom184; (1960)62BOMLR1026; [1961(2)FLR22]; ILR1961Bom95; (1961)ILLJ38Bom

..... ' section 70 of this act 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, 1948, shall, notwithstanding anything in the said act, apply to such person'.this section, as pointed out by the supreme court in ..... sub-section (1) of section 59 of the factories act stated that 'where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of ..... held that the petitioner was a worker governed by the factories act and that he was, therefore, entitled to be paid for overtime work at the rate specified in section 59 of the factories act. ..... if the petitioner is held to he not entitled to overtime wages under the factories act, he is 'entitled to claim them under section 63 of the shops and establishments act. ..... further contended that even if the petitioner is held not to be a worker, the factories act would still apply to him by reason of section 70 of the bombay shops and establishments act. ..... his behalf that he is a worker within the meaning of the factories act and that, consequently, he should be paid overtime wages under section 59 of the act. ..... therefore, made an application to the payment of wages authority, in which he contended that he-was entitled to overtime wages at the rate specified in section 59 of the factories act, that rs. .....

Sitaram Ramcharan and ors. Vs. M.N. Nagrashna and anr.

Court : Mumbai

Reported in : AIR1954Bom537; (1954)56BOMLR930; ILR1954Bom1389; (1954)IILLJ703Bom

..... definition of 'worker', but section 70, shops and establishments act, 1948, extended the operation of the factories act and made the factories act applicable to persons working in the precincts of a factory, and as admittedly the petitioners worked within the precincts of the two mills, by reason of the extension of the factories act the provisions of the factories act became applicable to them.this had some very important consequences as far as the petitioners were concerned, because when we turn to the factories act we find that under section 51 'no adult worker shall ..... be required or allowed to work in a factory for ..... to the merits of the matter, it appears that section 70, shops and establishments act, which was passed in 1948 provided:'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 to such persons. .....

The State of Kerala and Anr. Vs. R.E. D'souzha

Court : Supreme Court of India

Reported in : AIR1971SC832; 1971CriLJ689; [1971(22)FLR178]; 1971LabIC719; (1971)ILLJ307SC; (1971)1SCC533; [1971]3SCR711; 1971(III)LC363(SC)

..... the only question in these appeals is whether the workmen doing work in the premises of the respondent are workers within the meaning of section 2(1) of the factories act, 1948.section 2(1) of the factories act, 1948 reads as follows :'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 kind of ..... the respondent was convicted under section 92 of the factories act for using a building as a factory without obtaining the previous permission in writing of the chief inspector of factories, for failing to apply for registration and grant of licence for the factory and for failing to maintain a muster roll of the workers employed in the factory in one case, and for failing to give attendance cards to every person employed in the factory in the other case. ..... he was also directed under section 102 of the factories act to rectify the defects within a specified period.3. ..... the high court further held that the workmen working in the premises of the respondent were not 'workers' within the meaning of section 2(1) of the factories act. ..... after this court had laid down a test to be applied for determining who were 'workers' within the meaning of the factories act, the high court should have treated the question of principle as no longer open. .....

Rai Bahadur Diwan Badri Das Vs. the Industrial Tribunal, Punjab

Court : Supreme Court of India

Reported in : AIR1963SC630; [1962(5)FLR354]; (1962)IILLJ366SC; [1963]3SCR930

..... joining the service of the tribune after the 1st july, 1956 will be entitled to leave, in accordance with the provisions of section 79 of the indian factories act, 1948.' 21. ..... in respect of the former category of workmen, the new rule made the following provision : 'subject to the provisions of the indian factories act, 1948, every workman in the service of the tribune on the 1st july, 1956, will be entitled to 30 days' leave with wages, after having worked for a period ..... on july 1, 1956 a new rule was framed which reads as follows : '(1) subject to the provisions of the indian factories act, 1948, every workman in the service of the tribune on the 1st july, 1956, will be entitled to 30 days' leave with wages, after having worked for a period ..... mentioned here that the factories act of 1948 provided in s. ..... space of seven years even after the factories act had come into force the management had continued to treat all workmen of the press section alike irrespective of the date of their employment ..... was the minimum provided by the act but since the press section is governed by the factories act it was open to the trust to modify its rules with regard to all employees of this section and grant leave according to the provisions of this section. ..... by the appellants that the provision made by them for earned leave in respect of old employees is unduly generous of extravagant and so, it has become necessary to invoke the provisions of section 79 of the factories act in respect of new employees. .....

M/S. Sterlite Energy Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... while interpreting the definition of "building or other construction work", as defined in section 2(1) (d) of the bocw act and the expression " but does not include any building or construction work to which the provisions of the factories act, 1948, or the mines act, 1952, apply" provided therein, learned counsel for the petitioner submitted that the said words of exclusion used in the act do not admit of any ambiguity and a plain reading thereof demonstrates that the intention of the legislature was to exclude ..... of thermal power at bhurkamunda in the district of jharsuguda, for which it has obtained necessary approval of the layout plans and specifications and requisite permission from the concerned authority to carry out such constructions, as provided under section 6 of the factories act, 1948, read with rule 3 of the orissa factories rules, 1950. ..... of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the mines act,1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place; section 2(l) of the factories act defines the word "worker" to mean : "(l) "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal .....

Hotel Shree Vaibhav Vs. Employees State Insurance Corporation

Court : Mumbai

Reported in : 2007(6)ALLMR676; 2008(2)BomCR849; [2008(116)FLR321]; (2008)IILLJ72Bom; 2007(6)MhLj363

..... section 2(14-aa) stipulates that the word 'manufacturing process' shall have the meaning assigned to it in the factories act, 1948 ..... since it is not the case of the corporation that any other process mentioned in section 2(k)(i) of the factories act was experienced by or carried on, on the air conditioner with a view to its use, it cannot be said that the corporation was justified in passing the order under section 45-a of the act as the only term applicable in the instant case, according to the corporation was 'adapting' and as already pointed out hereinabove, the word 'adapting5 could not be applied to the ..... by the counsel for the appellant that the hotel establishment was a factory within the meaning of section 2(12) of the employees state insurance act and was carrying on 'manufacturing process' with the aid of power within the meaning of section 2(k) of the factories act and hence, the order passed under section 45-a of the act was just and proper.6. ..... behalf of the employer hotel that the hotel establishment was not a 'factory' within the meaning of section 2(12) of the employees state insurance act and it did not carry on 'manufacturing process' within the meaning of section 2(k) of the factories act. ..... by applying the clause 'treating' or 'adapting' in section 2(k) of the factories act to the facts of the reported case, this court held that whenever a vehicle was brought by a customer for washing, cleaning, oiling with a view to its use, sale, transport, delivery or disposal, .....

Regional Director, Employees' State Insurance Corporation Vs. S.M. Sri ...

Court : Chennai

Reported in : (1960)1MLJ257

..... in section 2(m) of the factories act the term, 'factory' is defined thus:'factory' means any premises including the precincts thereof (i) whereon ten or more worker are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried ..... with the regulation of the factory in the interests and for the safety of the worker, a person employed in the manufacturing process or in any work incidental thereto. ..... defined in section 2(l):'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 kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process.as the definition of the term worker and the other provisions of the enactment would show the factories act was essentially concerned ..... of the gemini studios, madras, was prosecuted for an offence under section 2 of the factories act. ..... contribution from an employer under the employees' state insurance act (act xxxiv of 1948) which, for the sake of brevity, will be referred to hereafter as the act. .....

Marimuthu Chettiar Vs. State of Kerala and anr.

Court : Kerala

Reported in : (1959)IILLJ500Ker

..... 20 the validity of a notification of the government of madras in the following terms came up for consideration :in exercise of the powers conferred by section 85(1) of the factories act, 1948 (central act lxiii of 1948), his excellency the governor of madras declares that all the provisions of said act shall apply to any place wherein a manufacturing process is carried on without the aid of of power or is so ordinarily carried on and ten or more but ..... powers conferred by sub-section (1) of section 85 of the factories act, 1948 (xliii of 1948), and in supersession of ..... the powers conferred by section 85(1) of the factories act, 1948 (central (act lxiii of 1948), and in supersession of all previous notifications on the subject, the government of kerala hereby declare that the provisions of the said act specified in col. ..... section 2(m) of the factories act, 1948, defines the expression 'factory' as follows:'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 ..... section 85 of the factories act, 1948, is in the following terms:(1) the state government may, by notification in the official gazette, declare that all or any of the provisions of this act shall apply to any place wherein a manufacturing process is carried with or without the aid of power or is so ordinarily carried on, notwithstanding that -(i) the number of persons employed therein is less than .....