Court : Supreme Court of India
Reported in : AIR2006SC845; 2006(1)CTC414; [2006(109)FLR18]; JT2006(1)SC84; 2006(2)KarLJ1; (2006)ILLJ691SC; RLW2006(2)SC1156; 2006(1)SCALE85; (2006)1SCC567; 2006(2)SLJ129(SC)
..... of the respondent therein, to maintain a canteen for their employees, this court observed: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 ..... therefore, even assuming that respondent 1 is a specified industry within the meaning of section 46 of the factories act, 1946, this by itself would not lead to the inevitable conclusion that the ..... because the canteen had been set up pursuant to a statutory obligation under section 46 of the factories act therefore the employees in the canteen were the employees of respondent 1, is ..... : (1973)iillj130sc where the management was under a statutory obligation in terms of section 46 of the factories act and the rules made thereunder to maintain the canteen for the workers which was being run by a ..... second, assuming that section 46 of the factories act was applicable to respondent 1, it cannot be said as an absolute proposition of law that whenever in discharge of a statutory mandate, a canteen is set up or other facility is provided by an establishment, the employees of the ..... there is nothing in section 46 of the factories act, nor has any provision of any other statute been pointed out to us by the appellants, which provides for the mode ..... that section 46 of the factories act at .....
Tag this Judgment!Court : Karnataka
Reported in : I(1990)ACC127; [1989(59)FLR778]; ILR1989KAR2001; 1989(2)KarLJ227; (1990)IILLJ195Kant
..... section 51 of the factories act provides that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week and subject to this provision section 54 of the act provides that no adult workman shall be required or allowed to work for more than nine hours a day and this limit could be exceeded only to facilitate change of shifts and with the ..... circumstances when management is permitted to engage the services of a workman overtime in terms of the provisions of the factories act and a workman offers to work overtime that the management may allow him to work overtime on payment of double the rate for the period of overtime work as prescribed under section 59 of the factories act. ..... other additional remuneration, if any, paid at intervals not exceeding two months but does not include - (a) any contribution paid by the employer to any pension fund or provident fund or under this act : (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on ..... in these two appeals, presented under sub-section (2) of section 82 of the employees' state insurance act, 1948 ('the act' for short), the following substantial questions of law arise for consideration : '(1) whether on the facts and circumstances of the case, the respondent-employees' state insurance corporation, was justified in imposing .....
Tag this Judgment!Court : Chennai
..... 11.the learned counsel appearing for the respondents 1 to 4 brought to our notice the office memorandum, dated 12.06.2000, issued by the ministry of labour, wherein it is stated that clause (2) of section 59 of the factories act, 1948 provides that ordinary rate of wages means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the ..... 7.the learned counsel for the petitioners, in support of the aforesaid contention, have relied on the provisions of sub section 2 of section 59 of the factories act, 1948, which states that ordinary rate of wages means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as ..... under clause (2) of section 59 of the factories act, 1948 and hence, transport allowance should be included in the basic rate of wages for the purpose of computation of over time allowance. 12. ..... placed reliance on the decision of the hon'ble supreme court reported in govind bapu salvi and others -vs- vishwanath janardhan joshi (1995 supp(1) scc 148), wherein the hon'ble supreme court, while interpreting section 59 of the factories act, held that, 'admittedly, the appellants are not entitled to the payment of the house rent allowance, since they are in occupation of the official quarters and hence, for calculating the overtime wages, the .....
Tag this Judgment!Court : Karnataka
Reported in : [2004(102)FLR369]; ILR2004KAR2231; 2004(4)KarLJ223
..... kasturi, learned senior counsel for the appellant and the government advocate for the respondents.section 6 of the factories act, 1948 empowers the state government to make the rules inter alia requiring registration and licensing of factories or any class or description of factories. ..... laundry and since there was nothing to show that the washing and cleaning of linen of the hotel was being done without collecting separate charges, the laundry was a manufacturing unit within the meaning of section 2(k) of the factories act even when the process employed in the laundry did not result in bringing about a new or altered product for sale, use, transport, delivery etc. ..... section 2(12) of the employees' state insurance act, 1948 defines the term 'factory' as under:''factory' means any premises including the precincts thereof -(a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being ..... that is because the meaning assigned to the expression 'manufacturing process' in section 2(k) of the factories act is wide enough to include a simple activity like washing and cleaning without bringing into existence a distinct article or product. ..... for the benefit of its guests, the hotel maintains a laundry which is used for the upkeep of the rooms, comfort of the guests and cleanliness of the linen used in the restaurants. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(1)WLN242
..... found that there was deep freezer in the hotel of appellant, therefore, appellant is engaged in manufacturing process as defined in sub-clause (vi) of clause (k) of section 2 of the factories act whereas according to learned counsel for the respondent the 'hotels' have been excluded from the definition of factory specifically which is clear from the clause (m) of section 2 of factories act, 1948 and, further, submitted that keeping a deep freezer is not and cannot be termed as 'cold storage'. ..... is not covered under the definition of factory as given in sub-section 12 of section 2 of the state insurance act 1948 read with its sub-section (14kk) and sub-clause (k) and (m) of the section 2 of factories act, 1948.7. ..... it is clear from the definition of manufacturing process given in sub-clause (k) of section 2 of the factories act, 1948 that where there is cold storage for the purpose of preserving and storing articles than that is treated to be manufacturing process by deeming statutory definition irrespective of the ..... is hotel and according to respondent employees state insurance corporation since the appellant is falling in the definition of factory as given in section 2(12) of the employees state insurance act, 1948, and engaged in manufacturing process as defined in sub-section (14-aa) of section 2 of the act of 1948 read with sub-clause (k) in section 2 of the factories act, the appellant's unit is though, a hotel is a factually engaged in manufacturing process and therefore is .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ417; (1961)GLR717
..... 1948, shall apply to any person employed in or within the precincts of a factory notwithstanding anything contained in the factories act 1948 section 59 of the factories act. ..... 1948, did not apply and the respondent was -entitled, to take overtime work from the workers employed in the factory so long as the workers were paid extra wages for such overtime work in accordance with the provisions of section 59 of the factories act 1948- we fail to see how any such conclusion follows from the provisions of section 70 of the bombay shops and establishments act. ..... patwari on behalf of the respondent if this is the position there is clearly a contravention of the provisions of section 63 of the factories act 1948, and the respondent being the manager of the factory would be punishable under section 92 of the said act.10. mr. ..... t948, was clearly to confer the benefit of wages for overtime work even on those persons who were not workers within the meaning of the said expression as used in the factories act 1948, and who were, therefore, not entitled to the benefit of the provision for wages for overtime work contained in section 59 of the 1 said act- the factories act. ..... we found it a little difficult to follow the argument, but the sequitur of the argument pressed upon us for acceptance was that by reason of the provisions of section 70 of the bombay shops and establishments act 1948, the restriction contained in section 63 of the factories act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(1)SCALE101; 2009(3)SLJ245(SC):2009AIRSCW629
..... in view of the findings of the supreme court that time keepers are `workers' within the meaning of factories act, 1948 for all practical purposes, the authorities of eastern railway are not permitted to treat the time keepers in the manner they have been treating them.the tribunal, on the ..... and allow them all other benefits admissible to them under the factories act, 1948 and all these must be finalized and our direction be implemented within six months from the date of communication of this order.it furthermore observed:the eastern railway, being one of ..... no separate recruitment rule was framed after the order of the hon'ble cat/cal on may/90 for treating the time-keepers a separate entity as workers within the meaning of factories act, since there was no intake for filling up the vacancy of time-keepers after may/90, but before that the time-keepers of this railway were recruited from the same panel prepared for clerks ..... in view of the decision of the supreme court referred to above, holding that the nature of the duties discharged by the time keepers bring them within the purview of `worker' under the factories act, 1948. ..... as workers under the factories act, 1948.5. ..... amarendra sharan, appearing for the appellant, would contend that as the respondents had been treated to be workers under the factories act and obtained several benefits including overtime, the appellants were entitled to implement the recommendations of the fifth pay revision commission with effect from 18.2.2000 .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)ILLJ130Bom
..... 92 of the factories act, 1948 the trial court convicted him but in the revision application filed in the court of session, the sessions judge took the view that he was not a worker within the meaning of the factories act. ..... though at present the factories act, 1948 apply to such establishments, there has been a tendency on the part of employers to split their concerns into smaller units and thus escape from the provision of the said act. ..... this being the normal meaning understood in the industrial community, and in the absence of any definition, of 'full-time' in the factories act, their lordships concluded that in their opinion, there could be no basis for calculating the daily average of the worker's total full-time earnings when the terms of work be as they were in that case and that ..... there is also further awareness that employer-employee relationship was not well defined, and, therefore, the application of the factories act met with difficulties, and that the labour in this industry was unorganised and was not able to look after its own interests. ..... that was a prosecution under the factories act (section 92) for breach of some rules by the employee of the manager of the factory or the owner of the factory. ..... it an industrial premises is there, it is but legitimate it should conform to the standards of the cleanliness and safety as contemplated by the provisions of ss. 8 to 16. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom244; 1971LabIC1080; 1971MhLJ413
..... factories act applied to the beedi industry and the manager of a factory was prosecuted for violation of section 79(11) read with section 92 of the factories act, 1948. ..... union of india : (1963)illj270sc that the employee may be a worker under the factories act but he was still not entitled to the benefits of the act as the provisions of sections 79 and 80 of that act required that a worker should be paid for the leave allowed to him at the rate equal to the daily average wage of his total full time earnings for the ..... when the wages for that period is to be calculated, sub-section (1) of section 80 of the factories act lays down that for the leave allowed to him under section 79, a worker shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he ..... factories act, 1948, applies to such establishments, there has been a tendency on the part of employers to split their concerns into smaller units and thus escape from the provisions os the said act ..... court and as no other judgment has been brought to our notice which takes a different view, it appears to us that the meaning given to the expression in sections 79 and 80 of the factories act by the supreme court would have to be accepted when the same expression is used in other acts provided the reference to context did not exhibit a different intention.53. ..... but legitimate that it 'should conform to the standards of cleanliness and safety as contemplated by the provisions of sections 8 to 16. .....
Tag this Judgment!Court : Karnataka
..... counsel for the appellant contends that the affairs of the canteen was governed by the provisions of factories act, 1948 cannot be termed as employees or the principal employer and employees of the appellant-company. ..... , in the instant case, the appellant - company provided a canteen in the factory premises as required under section 46 of the factories act. ..... appellant company supervises the canteen as per the provisions of section 2(1) of the act and 99 of the factories rules. ..... the 1st respondent therefore filed an application under section 31(3) of the madhya pradesh industrial relations act, 1960 for a declaration that his termination from service was ..... is further submitted that it is mandatory on the part of the appellant - factory to run a canteen when it was employed more than 250 workers, the workers in the canteen are discharging the statutory obligation under section 46 of the factories act. ..... tyres limited filed this appeal under section 4 of the karnataka high court act, 1961, challenging the correctness of the order dated 14th july 2006 passed by the learned single judge in ..... (prayer: this w.a is filed under section 4 of karnataka high court act praying to set aside the order passed in the writ petition no.3285/2001 dated 14/07/2006.) ..... company therefore filed an appeal before the industrial court against the award of the labour court, the industrial court also directed the appellant - company to comply with section 65(3) of the madhya pradesh industrial relations act. .....
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