Court : Gujarat
Reported in : AIR1967Guj111
..... 85 of the factories act, 1948, and also the validity of a certain notification issued by the state government under that section on certain grounds which are all without substance but in order to understand the grounds it is necessary to state briefly the facts giving rise to the petition. ..... 14 of the constitution and the ground on which the challenge was based was that the section conferred an unguided and uncontrolled power on the state government to select places to be deemed 'factories: ' for the purpose of applying the provisions of the act. ..... presumably, the legislature felt that uniform application of the factories act to all establishments in which a manufacturing process is carried on requiring even small establishments to comply with the elaborate requirements of the factories act may impose great administrative strain upon governmental machinery, and involve hardship ordinarily not commensurate with the benefit secured thereby. ..... the legislature, however, 'with a view to prevent circumvention of the provisions of the factories act, and to secure to the persons working in establishments where manufacturing process is carried on, adequate safeguards where necessity is felt' authorized the state government under s. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN328
..... therefore, it cannot be stated to be the 'manufacturing process' within the meaning of factories act, 1948 and he further drew our attention to section 2(k) of the factories act, 1948, in particular, section 2(k)(iii) of the factories act and further contended that 'generating, transforming or transmitting' cannot be stated to be 'manufacturing process' within the meaning of factories act, 1948.11. ..... sen further contended that the hon'ble first court suo motu raised the point of application of section 2(k)(i) of the factories act, 1948 admittedly, without any plea or pleading or even submission made by any of the parties before his lordship. ..... he further contended that the 'manufacturing process' to be read as 'disjunctively' in applying section 2(k)(iii) of the factories act, 1948 in the context of the said 1979 act for the purpose of construing/interpreting the words 'manufacturing process'.14. ..... gave a reply on july 31, 2002 stating that the definition of 'manufacturing process' under section 2(k) of factories act, 1948 means 'generating, transforming and distributing' power and the same would come within the definition of 'industry' under section 2(10) of the town and country (planning and development) act, 1979 (hereinafter referred to as 'the 1979 act') and thereby the cesc ltd. ..... for power industry meaning has been given under section 2(k)(iii) of the factories act, 1948 which is generating, transforming and transmitting, 'or' is disjunctive, as held by the hon'ble first court .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)56CTR(Cal)237,[1986]157ITR158(Cal)
..... all kerala cashewnut factory workers' federation, : (1960)iillj103ker , a practice came to be crystallised in the cashew industry in kerala making it obligatory for the management to pay the workers leave with wages contemplated under section 79 of the factories act, 1948, irrespective of the ..... apart as a reserve fund in its balance-sheet for the payments it may have to make to its workers in the next year on account of holiday wages under section 79 of the factories act, 1948. ..... 75,000 for payments it may have to make to its workers in the next year on account of holiday wages under section 79 of the factories act and claimed deduction in respect of that amount on the footing that it had incurred a liability to pay leave wages to its ..... the liability under section 49b of the factories act to pay holiday wages depends on the arising of circumstances specified therein and since they may or may not arise, the liability is only a contingent and uncertain liability which may or ..... this court as well as the madhya pradesh and bombay high courts considered the scope of the provisions of the factories act regarding the payment of holiday wages and upon the consideration of the relevant provisions, the courts held that the liability ..... 278 of 62 itr) :'it should be clear from what i have stated above that such statutory liability for holiday wages as the factories act creates is only a contingent liability which may or may not have to be discharged ; and, secondly, the measure of that liability .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)ILLJ1085Bom
..... . now under section 2(17) 'principal employer' has been defined under clause (i) to be the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the factories act, 1948, or the person so ..... the factories act, 1948, in its interpretation of 'manufacturing process' under section 2(k) thereof has mentioned any process for (1) 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, delivery or ..... shri kakodkar now says that the quarry boulders brought from pilliem and crushed to smaller sizes does not fall within the manufacturing process as understood in section 2(k) of the factories act, 1948. ..... been spelt out despite the fact that the employees involved were away from mormugao harbour and doing the work of sampling or chemical analysing at margao in spite of the fact that under section 2(b) of the dock workers (regulation of employment) act, 1948, a dock labourer is a person who is employed in, or in the vicinity of, any port and in addition works in connection with the loading, unloading, movement or storage of cargoes, or in connection with the preparation of ships for ..... , what is process will have to be looked into as defined under the factories act, 1948. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003(96)FLR39]; RLW2003(2)Raj1225; 2002(4)WLC106; 2002(5)WLN595
..... the 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 distributed falls within the scope of manufacturing process. ..... act in comparison of the section 2(1) of the factories act, 1948, defining the worker that :27. ..... the factory or establishment or elsewhere; or(ii) who is employed by or through an immediate ..... act, the operative field extends to conferring the benefit to all the employees which are considered employees under section 2(9) of the employees' state insurance act, 1948 which reads as under :-2(9) 'employee' means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and- (i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1991)ILLJ115AP
..... , wherein the learned judge held that by virtue of section 119 of the factories act, 1948, the contract labour (regulation and abolition) act, 1970 does not apply to the factories of the writ petitioners. ..... but now, by virtue of the factories (amendment) act 94 of 1976, the contract labour having been included within the definition of 'worker', they too will be entitled to the said benefit-indeed, to all the benefits provided by the act, section 119 of the factories act, which was reintroduced by the aforesaid factories (amendment) act 94 of 1976, gives an overriding effect to the provisions of the factories act, notwithstanding anything inconsistent therewith contained in the contract labour act. ..... with a view to obviate any room for argument that the contract labour act being an act dealing specially with the contract labour, the more elaborate and more beneficial provisions contained in the factories act do not, and need not be applied to contract labour, and also with a view not to deprive the contract labour of the better facilities provided by the factories act, section 119 of the factories act was enacted. ..... the learned judge held that by virtue of the amendment of the definition of 'worker' in section 2(1) of the factories act, by the factories (amendment) act 94 of 1976, the contract labour act ceased to apply to factories to which the factories act applies. ..... chapter iii provides several measures for cleanliness. .....
Tag this Judgment!Court : Jharkhand
..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the financial controller ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, son of late ..... jamshedpur well pack industries a company incorporated under the companies act, 1956, having its factory at adityapur industrial area, gamharia through one of its director, sri naresh agarwal, son of ..... gr-526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident of chirkunda ..... a company incorporated under the companies act, having its factory at amaghata, govindpur, through one of its directors sri mahesh kumar bhukania son of sri basudev bhukania resident of barakar ..... a company incorporated under the companies act, having its factory at egarcore, kumardhubi, through one of its directors sri ashok kumar agarwal son of sri sanwar mal agarwal resident of kendua bazar ..... a company incorporated under the companies act, having its factory at chirkunda, through one of its directors sri gajanand agarwal son of late kishan lal agarwal resident of chirkunda .....
Tag this Judgment!Court : Jharkhand
..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the financial controller ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, son of late ..... jamshedpur well pack industries a company incorporated under the companies act, 1956, having its factory at adityapur industrial area, gamharia through one of its director, sri naresh agarwal, son of ..... gr-526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident of chirkunda ..... a company incorporated under the companies act, having its factory at amaghata, govindpur, through one of its directors sri mahesh kumar bhukania son of sri basudev bhukania resident of barakar ..... a company incorporated under the companies act, having its factory at egarcore, kumardhubi, through one of its directors sri ashok kumar agarwal son of sri sanwar mal agarwal resident of kendua bazar ..... a company incorporated under the companies act, having its factory at chirkunda, through one of its directors sri gajanand agarwal son of late kishan lal agarwal resident of chirkunda .....
Tag this Judgment!Court : Mumbai
Reported in : (1971)73BOMLR257
..... the petitioner, who was the accused in the court below, has been found guilty under section 21(7)(iv)(c) read with section 92 of the factories act, 1948, and sentenced to a fine of rs. ..... sawant, appearing on behalf of the accused, was that although november 11, 1967 did happen to be the first date fixed for hearing, the hearing actually commenced on november 6, 1968 and hence for the purpose of section 101 of the factories act that date ought to have been regarded as a date fixed for hearing of the charge. ..... since the accused had already filed his complaint under section 101 of the factories act on september 3, 1968, it is clear that the same was filed before the date appointed for hearing the charge. ..... the construction which i have preferred to put on the provisions of section 101 of the factories act is prompted by the fact that the prosecution in this case is not against a person who is actually said to have committed the offence. ..... the complaint filed by the accused against the alleged real offender under section 101 of the factories' act was filed in court on september 2, 1968 after giving the requisite notice to the factory inspector on august 19, 1968. ..... the fluted rollers, according to the prosecution, formed a dangerous part of the porcupine opener machine and since no guard was provided for those rollers, there was a contravention of the provision of section 21(7)(iv)(c) of the factories act for which the accused was liable under section 92.3. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Reported in : (2002)(84)ECC95
..... the importer shall, within such period as the assistant collector of customs may specify in this behalf, produce a certificate from the assistant collector of central excise in whose jurisdiction the factory manufacturing such wrist watches is situated, to the effect that the said imported components have been used in the manufacture of the said wrist watches; and a plain reading of this condition does not convince ..... in this case they held that watch parts were not covered under section 123 of the act and after nothing that the tribunal and courts have in a number of judgments held that burdens of establishing unlawful importation in such case squarely rested on the customs, they further held as ..... 26.10.90, the officers visited the factory premises of hmt on gathering intelligence that huge stock of smuggled watch parts and components such as watch movements (movement sets) stored in the factory premises. ..... hmt's watch factory-iv, tumkur was got encashed through ..... hmt watch factory i & ii jalahalli, bangalore (hereinafter referred to as hmt) against the order-in-original passed by the collector of ..... , watch factory i & ii, bangalore to redeem the said add wrist watches on payment of a redemption fine ..... , watch factory i & ii, bangalore within a period of 30 days from the date of receipt of ..... , watch factory i & ii, bangalore within a period of 30 days from the date of receipt of ..... , watch factory i & ii, bangalore to redeem the said add wrist watch movements on payment of redemption fine .....
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