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The State Vs. Alisaheb Kashim Tamboli

Court : Mumbai

Reported in : AIR1955Bom209; (1955)57BOMLR135; 1955CriLJ932; ILR1955Bom624; (1955)IILLJ182Bom

..... it was complained that by not making arrangements to store drinking water to the extent of 110gallons the accused, who was the manager, hadcontravened, the provisions of rule 37 read withsection 18(4), factories act, 1948, as subsequentlyamended.it was also alleged that the total amount of drinking water available at the time was only 13 1/2 gallons and by not keeping sufficient amount of drinking water the accused had contravened the provisions of rule 35 read with section 18(4), factories act, 1948, as subsequently amended. ..... it whs also alleged that the dunking water pot in the office was not marked as 'drinking water' in any language, and by doing so the accused had contravened the provisions of, section 18(2), factories act, 1948, as subsequently amended. ..... 2, factories act, 1934, and it may be noted that there is no difference in terminology between clause (h) of section 2, factories act of 1934 and clause (1) of section 2, factories act of 1948. ..... 685, 686 and 687 of 1952 (bom) (a) held that the persons who were engaged in making, packing and winding 'bidis' were not employed within the meaning of section 2(1), factories act, 63 of 1948, that they were, therefore, not workers within the meaning of section 2(1) and that accordingly the premises which were visited by mr. ..... 832 is concerned is a factory within section 2(m), factories act, 1948, and the court below was wrong in saying that the factories act of 1948 was not applicable to this factory. .....

Superintendent and Remembrancer of Legal Affairs Vs. Madhablal Mehta a ...

Court : Kolkata

Reported in : 1974CriLJ1330

..... hooghly on the 16th june, 1972, it was ascertained by him that although more than 250 workers were ordinarily employed in the factory, the drinking water supplied to them from the 1st april, 1972, was not cooled by ice or other effective method as required under section 18(3) of the factories act, 1948 read with rule 35 of the west bengal factories rules, 1958, prescribed under sub-section (4) of section 18 of the factories act 1948; that the accused nos. ..... dilip kumar dutta, advocate, appearing on behalf of the accused opposite-parties, joined issue and contended inter alia that the proviso to section 100(2) of the factories act, 1948 has in fact been availed of as borne out by clause s of the returns filed; that instead of a specified director, the company itself viz. ..... jha is the manager of the said factory; that the accused persons had committed an offence punishable under section 92 of the factories act, 1948 for a contravention of section 18(3) of the factories act 1948 read with rule 35 of the west bengal factories rules. ..... ghosh's reasoning in this behalf are that the provisions applicable to the facts of the present case are those of section 100(2) of the factories act, 1948; that the proviso to section 100(2) has not been availed of as borne out by ci. .....

Mohd Arif Vs. Employees State Insurance Corp.

Court : Delhi

..... mere storage as such will not be part of the manufacturing process as defined by section 2(k), factories act of 1948; it will not even amount to treating or adapting any article with a view ..... the survey report ex.rw-1/1 the hotel of the appellant was using a deep freezer with the aid of electric power and there were 11 employees working in that hotel for the purpose of serving cold drinks/mineral waters in the hotel and further that a letter was written by the manager of the hotel for covering the establishment of the appellant under esi scheme holding that the petition as filed by the appellant ..... been contended on behalf of the appellant that merely because there was a refrigerator which is plied with the aid of the power and was being used for the purpose of storage of cold drinks and water, it would not mean that hotel of the appellant is involved in a manufacturing process within the definition of section 2(k) of the act. ..... was a power using unit and as such the hotel of the appellant was covered under the manufacturing unit and thus, was covered under the act as they were having 11 employees also and in addition to having been involved in manufacturing process and that the refrigerator was being used by the hotel run by the appellant for storing cold drinks and water which used to be supplied to the customers.4. ..... rw1, it is proved on record that deep-freezer was used for the purpose of running the hotel and for supplying the cold drinks and mineral waters to the customers."6. .....

Pashupati Singh and Co. Vs. Presiding Officer, Industrial Tribunal (i) ...

Court : Allahabad

Reported in : [2005(106)FLR661]

..... (ii) in a factory, the owner or occupier of the factory and where a person has been named is the manager of the factory under factories act, 1948 (63 of 1948) the person so named.the objects and reasons of the act specifically provide that 'the working conditions of contract labour should be regulated so as ..... the provisions and maintenance of certain basic welfare amenities for contract labour, like drinking water and first-aid facilities, and in certain cases, rest-room and canteen, ..... in connection with the work of an establishment and employment of contact labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labourer working in the establishment was ordered; (ii) where the contract was found to be sham and nominal rather a camouflage in which case the contract labourer working ..... when he is hived in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer.further section 2(i)(c) of the act defines the contractor as under:'contractor', in relation to an establishment means a person who undertakes to produce a given result for establishment or who supplies contract labour for any work of the establishment and includes a sub-contractor.section 2(g) of the act defines the principal employer as under:principal employer, means-(i).... .....

Parimal Chandra and ors. Vs. Life Insurance Corporation of India and o ...

Court : Supreme Court of India

Reported in : (1996)1CALLT22(SC); JT1995(3)SC288; (1995)IILLJ339SC; 1995(2)SCALE518; 1995Supp(2)SCC611; [1995]3SCR34; 1995(2)LC505(SC); (1995)2UPLBEC846

..... employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water where workers can eat meals brought by them, shall be provided and maintained for the use of the workers; provided that any canteen maintained in accordance with theprovisions of section 45 shall be regarded as part of the requirements of this sub-section:there is no dispute that the factories act is not applicable to the offices of the respondent-corporation. ..... , canteens required to be provided compulsorily in view of section 46 of the factories act, 1948, (ii) non-statutory recognised canteens set up as a staff welfare measure with the prior approval and recognition of the railway board as per the procedure detailed in the railway establishment manual, and (iii ..... main question as to whether the appellants should be deemed to be the regular employees of the corporation, we may first refer to the statutory provisions with regard to the canteen.section 46 of the factories act, 1948 which is a central enactment read as follows:46. ..... which is ordinarily a part of the undertaking, to any person otherwise than as the servant or agent of the owner, the owner of the undertaking.the court also referred to the definition of 'worker' under the factories act, 1948. ..... the facts were that by notifications issued by the state government, the provisions of section 46 of the factories act, 1948 were made applicable to a large number of textile mills including the appellants before the .....

Present: Mr. Vivek Salathia Advocate Vs. Labour Enforcement Officer (C ...

Court : Punjab and Haryana

..... local authority, the head of that office or department or such other officer as the government or the local authority, as the case may be, may specify in this behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the factories act, 1948 (63 of 1948) the person so named, (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the raj kumari ..... on kamath k.v.and labour enforcement officer (central).kolkata and another 2007-i-llj936wherein it was held as under:- nevertheless, there cannot be any doubt that the aforesaid sub-clause(i) or (ii) of clause (f) of section 2 of the payment of gratuity act is not applicable, and the present case is regulated under the residuary sub-clause (iii) which speaks that in relation to any other establishment, the person who or the authority which has the ultimate ..... the accused did not provide drinking water at the work site and had breached rule 40 of ..... (1) if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the .....

Rajmata Badheliji Surdarshan Kumariji Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : (1995)ILLJ292Raj; 1994(1)WLN231

..... section 2(17) defines the word 'shop', which means any premises where any trade or business is carried-on or where services are rendered to customers, and includes offices, store-rooms, godowns or ware-houses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the factories act, 1948 ..... facilities at the place where the government institutions do not exist; and (iv) provide drinking water facilities at the place in the desert areas and to help other charitable trusts etc ..... gujarat (1969-ii-llj-116), while deciding the question, what sort of establishment can be treated as a 'commercial establishment', observed as under (p.120):'the correct test of finding whether a professional activity falls within section 2(4) of the act, is whether the activity is systematically and habitually undertaken for production or distribution of goods or for rendering material services to the community or any part of the community with the help of employees in the ..... petitioner that the trust was established for charitable purposes and not for carrying out any trade, business or profession and, therefore, the provisions of the act are not applicable to the trust and the learned authority committed an error in entertaining the applications filed by the applicants and quashing the order of termination .....

Vidyadhar R. Vs. National Textile Corporation and ors.

Court : Andhra Pradesh

Reported in : 1996(4)ALT962; (1998)IIILLJ57AP

..... rule 76-b(4) (a) of the rules after january 1, 1991 assuming that the number of workers in the azam jahi mills, warangal was less than 2000 as on that date.6. before dealing with these questions, it is beneficial to notice the provisions of section 49 of the factories act, 1948, for short 'the act', and rule 76-b of the ..... prevention of personal injuries and maintaining a safe work environment, in such factories where a safety officer is not required to be appointed under the enabling provisions under section 40b; (vii) to encourage the formation of works and joint production committees, co-operative societies, and welfare committees and to supervise their work; (viii) to encourage provision of amenities such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payments, pension and superannuation ..... funds, gratuity, payments, granting of loans and legal advice to workers; (ix) to help the factory management in regulating the .....

C.P.Abdul Majeed Vs. State of Kerala and Others

Court : Kerala

..... apart from the above, as rightly pointed out by the learned counsel for the petitioner, for the violation of section 33 in order to invite the offence under section 92 of the factories act of 1948, the occupier and the manager are liable to be proceeded against. ..... of the replysent by the petitioner with the plan dated 14 5.2009 annexure-3 : true copy of the relevant extract of the "physical and chemical standards of drinking wateras per i.s.10500 of 1991" (as published in indian standard 1050 of 1991.annexure-4 : true copy of the application dated 20 11.09 submitted under the right to information act by the petitioner before the 2nd respondent annexure-4(a) : true copy of the replydt.17.12.09 given by the 2nd respondent to annexure-4 annexure-5 : true copy of the ..... no.3720 of 2009 ----------------------------------- dated this the 19th day of august, 2013 order the accused in c.c.283 of 2009 of the chief judicial magistrate's court, kozhikode, who has been prosecuted in his capacity as the occupier of the water treatment plant, kerala water authority, head works sub division, malaparamba, kozhikode, has come up with a prayer to get the proceedings in the said case against him, quashed.2. .....

P.R. Ramachandran and ors. Vs. Tamil Nadu Water Supply and Drainage Bo ...

Court : Chennai

Reported in : [1996(73)FLR1548]; (1996)ILLJ823Mad; (1996)IMLJ415

..... & d board (supra) held that the following three enactments will apply to twad board:(a) industrial disputes act, 1947;(b) factories act, 1948; and(c) tamil nadu industrial establishment (conferment of permanent status to work-men) act, 1981 (t.n. ..... the preamble to the tamil nadu water supply and drainage board act, 1970, under which the board is created, states that it is an act to provide for the establishment of water supply and drainage board and the regulation and development of drinking water and drainage in the state of tamil nadu. ..... as noticed supra, in the light of the facts beyond controversy, the legal inference which inevitably followed is that it is a case of retrenchment in violation of the provisions contained in section 25f of the act and it would be futile to plead to non suit the petitioner in these proceedings on the ground of the availability of an alternative remedy, particularly when the writ petition has been all along kept pending all these years in ..... in order to regulate the process of making permanency of the above said nmr workers in a phased manner, the board felt it essential to have only those nmr personnel, who are covered under section 3(1) of the act, for the reasons that the twad board is acting only as an agency and after completing the execution of water supply schemes, they have to be handed over to all the concerned local bodies for maintenance along with nmrs working in the respective schemes. .....