Judgment Search Results Home > Cases Phrase: factories act 1948 section 18 drinking water Court: karnataka Page 1 of about 1,217 results (0.074 seconds)

M/S. Larsen and Toubro Limited, Bangalore and Another Vs. State of Kar ...

Court : Karnataka

Reported in : ILR1998KAR1897; 1998(4)KarLJ323; (1999)IILLJ532Kant

..... most of the establishments having 250 or more workers were located, the board came to the conclusion that the contract labour be abolished from establishments which are mandatorily required to run a canteen under section 46 of the factories act, 1948, having 250 workers or more employees. ..... it has been stated that under section 46 of the factories act, 1948 and the rules framed thereunder, it is mandatory for an employer to provide a canteen where 250 workers or more ..... a canteen as contemplated under section 46 of the factories act, 1948 and the rules framed thereunder is not a mere provision of a certain facility, but it specifically mandates the provisions of and maintaining a canteen for ..... under section 46 of the factories act, 1948 read with rules framed by the karnataka state, it is the statutory duty of the establishment employing 250 or more workers to run ..... scheme of the bill, the provision and maintenance of certain basic welfare amenities for contract labour, like drinking water and first-aid facilities, and in certain cases rest-rooms and canteens, have been made obligatory. ..... canteen in the petitioners' factory is being run on the basis of company providing building, furniture, equipments, utensils, crockery, cutlery, electricity, water and fuel free of charge ..... rule 96 further provides that if the management bears the cost of wages of canteen staff, buildings, water, lighting, fuel and insurance, it shall not be incumbent on them to run the canteen on any further loss .....

C. Venugopal and Another Vs. State of Karnataka

Court : Karnataka Kalaburagi

..... the main contention of the learned counsel for the petitioners is that the order of dismissal by the learned chief judicial magistrate on the application filed under section 101 of the factories act, 1948 is too technical and that the learned chief judicial magistrate has not applied his judicious mind to the materials produced by the petitioners and the evidence adduced by ..... it is also relevant to observe here that, when the court has come to the conclusion that the application filed under section 101 of factories act, 1948 was not maintainable because of the technical reason, it would not have allowed the parties to lead evidence. ..... , the question is - "whether the trial court and the revisional court have properly considered the provisions of section 101 of the factories act, 1948 or not and they have committed any serious legal error in dismissing the application on technical ground"? 9. ..... when the trial court has considered the contents of the application under section 101 of the factories act, 1948 and provided opportunity to the parties, then it should have passed the orders on merits of the application instead of dismissing the same on technical ..... the trial court is hereby directed to dispose of the application filed under section 101 of factories act, 1948 on its merits considering the oral and documentary evidence of the petitioners and after hearing both the parties, as expeditiously as possible within the outer limit of six months from the date of receipt of the copy .....

Mr. Yashihirao Horinouchi Vs. The Deputy Director Of Factories

Court : Karnataka

..... petitioners/appellants have also called in question the constitutional validity of proviso (ii) to section 2(n) of the factories act, 1948 (hereinafter referred to as the act ) as amended by act 20 of 1987, as violative of articles 14, 19(1)(g) and 21 of the ..... of joseph zachariah (supra) a co- ordinate bench of this court considers the provisions of the factories act, 1948 qua the maintainability, wherein this court holds as follows:22. /p>"4. ..... , i do not find any ground to interfere with the proceedings initiated against the petitioner in terms of the factories act, 1948 and accordingly, the writ petition stands dismissed. ..... in terms of the factories act, 1948 (hereinafter referred to as the factories act for short) the petitioner immediately furnished the said information to the respondent in form no.17 with regard to the accident that has occurred and treatment that he ..... the state having initiated the proceedings to prosecute the accused for the offence punishable under section 92 of the factories act cannot maintain parallel proceedings pursuant to fir no.434/2011 as it amounts to prosecuting accused for the ..... (3) if it appears to an inspector that the water used in a factory for increasing humidity which is required to be 42 effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date .....

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. .....

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

Court : Karnataka

..... section 46 of the factories act, 1948, reads as ..... judge bench of this court approached 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 appellant was to run the ..... scheme of the bill, the provision and maintenance of certain basic welfare amenities for contract labour, like drinking water and first aid facilities, and in certain cases rest-rooms and canteens, have been made obligatory. ..... . under the scheme of the act, the provision and maintenance of certain basic welfare amenities for contract labour, like drinking water and first aid facilities, and in certain cases rest-rooms and canteens, ..... subsidy, and other matters provided free of charge like water, electricity premises, furniture, etc ..... , besides providing fuel, water, fixtures, utensils, furniture, electricity ..... effect as much a part of the work of the undertaking as the purchase by the mill for internal distribution of the various items which go towards the running of the mill, like stores, water-supply, fuel, etc. ..... national union water front workers and others reported in 2001 (7) scc 1 expressly overruled the said judgment .....

Hind Art Press, Mangalore Vs. E.S.i. Corporation and anr.

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 .....

Welcomegroup Windsor Manor Sheraton and Towers, Rep. by Its Vice Presi ...

Court : Karnataka

Reported in : [2004(102)FLR369]; ILR2004KAR2231; 2004(4)KarLJ223

..... 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. ..... 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 ..... 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 ..... light of the above, we consider it wholly unnecessary to make any such comparison between the definition of the term 'factory' as it appears in the factories act and that given in the employees' state insurance act, 1948 for nothing would really turn on any such comparative study. .....

M/s. J.K. Tyres Ltd. Vs. Mysore Division Hotel, Worker's Union

Court : Karnataka

..... 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. ..... of indian petrochemicals corporation limited, the honourable supreme court held that the workmen of the statutory canteen are the workmen of the establishment for the purpose of factories act only and not ipso facto workmen of the establishment for other purposes like recruitment, seniority, promotion, retirement benefits, etc. 9. ..... instant case, the appellant - company provided a canteen in the factory premises as required under section 46 of the factories act. ..... for the appellant submitted that the employees of non-statutory canteen governed by the provisions of the factories act and that they cannot be termed as employees or the principal employer. ..... of the respondent - union are the workmen in a statutory canteen only for the purpose of factories act, but not for any other purpose. 33. ..... 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. ..... in steel authority of india and others versus national union water front workers and others (2001 air scw 3574), the honourable supreme court analysing the case law at para 105 observed ..... , and others versus national union water front workers and others (2001-ii- .....

Natural Textiles Pvt. Ltd. Represented by Its Managing Director Mrs. R ...

Court : Karnataka

Reported in : ILR2008KAR2221; 2007(3)KarLJ286

..... high court of madras in w.p.no.4604-06/99 by order dated 8.12.00 has struck down section 66(1)(b) of the factories act of 1948 as violative of above provisions. ..... under section 66(1)(b) of the factories act of 1948 and that they would lose job and become unemployed in the event of enforcement of the said section, this petition is filed stating that the provisions provided are violative of the fundamental rights of the petitioners under articles 14, 15(1), 16(1), 16(2), 19(1)(g) and article 21 r/w 39(a) of the directive principles of state ..... this petition, petitioners have sought for to issue a writ in the nature or certiorari or any other writ or order and quash section 66(1)(b) or the factories act, 1948.2. ..... in that view of the matter once again declaring section 66(1)(b) of the factories act as unconstitutional is redundant and such a prayer may not survive for consideration, rather, it is to be clarified that if the authorities without knowing the implications try to enforce the said provision which is declared as unconstitutional and removed ..... orthodox to present situation even women are participating in each and every field and if such a restraint is imposed, it comes in the way of employment and livelihood of petitioners 2 to 11 and accordingly, sought for to quash the provisions of section 66(1)(b) of the factories act.5. ..... the 1st petitioner-factory is said to be engaged in manufacture and export of inner garments having high reputation in india as well as in the international .....

Sri. M.B. Byregowda and ors. Vs. Managing Director, Ksrtc and ors.

Court : Karnataka

Reported in : ILR1997KAR368

..... section 2(u) defines shop thus:'section 2(u): 'shop' means any premises where any trade or business is acquired on or where services are rendered to customers, and includes officers, storerooms, godowns, or warehouses, 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 fall within the scope of the factories act, 1948.'18. ..... it is therefore abundantly clear that even if the petitioners are treated to be working in a shop of commercial establishments generally governed by the provisions of the shops and commercial establishments act, yet the moment it is shown that such a shop or establishment is attached to a factory where the persons employed are governed by the provisions of the factories act, 1948, the provisions of the former act would get excluded and would have no application whatsoever. ..... learned counsel appearing for the petitioners however placed reliance upon section 61 sub-section (10) of the factories act in support of their submission that any change in the system of work in any factory cannot be effected except after notifying the inspector and except after securing his previous sanction in that regard. .....