Court : Chennai
Reported in : AIR1959Mad542; (1959)IILLJ344Mad
..... which prepare articles of food and drink and cater them to the members of the public who visit them and in which the number of workmen employed was more than the required minimum, would be factories within the meaning of section 2(m) of the factories act.as i have already held, the definition of theterm 'factory' in the payment of wages act shouldbe read consistent with the definition of the sameterm in the factories act, of .1948, the employmentof ten workmen would ..... , : (1954)illj614bom , it has been held that the use of electric motor for the purpose of lifting water will be deemed to he a manufacturing process and it will convert the premises into a factory if more than the requhed persons are working in the premises.on the question whether a bakery can be a factory in m. p. ..... factories, mangalore, air 1956 mad 600, for the proposition that the existence of a frigidaire would not convert an establishment into a factory.it is unnecessary for the purpose of this case to consider that question, as admittedly there is an electric motor for the purpose of lifting water ..... admitted that there is electric motor working for the purposes of providing water for the bakery and the hotel run by the petitioner. ..... -(i) for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to is use, sale, transport, delivery or disposal, or (ii) for pumping oil, water or sewage, or (iii) for generating, transforming or transmitting power, 4. .....
Tag this Judgment!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).... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3253; 2001(2)ALD(Cri)553; 2001CriLJ4195; 2001(4)Crimes206(SC); [2001(91)FLR853]; JT2001(6)SC631; (2002)ILLJ3SC; 2001(5)SCALE457; (2001)7SCC659; 2001(4)SCT248(SC);
..... in this way, the aforesaid accused has violated the provisions of section 63 of the factory act, 1948 by allowing the said worker/ordering him to work without putting note against his name in the attendance register of the adult workers and against the working hours shown in the ..... the factories act, 1948 cannot but be ascribed to be a beneficial piece of legislation and the requirement of section 61, in particular, sub-section 1 & 2 of section 61 can be easily deciphered since the intent stands clear enough to indicate that an adult worker must know his daily placement and daily workings before hand - this placement before hand is the requirement of the statute in section 63 and in the event of non-compliance, there is a liability ..... offence punishable under section 92 of the factory act, 1948. 6. ..... though the factories act 1911 was amended from time to time but it could not meet the required growing activities in the country specially after the second world war by reasons wherefor, factories act 1948 was engrafted in the statute book where emphasis had been on the welfare ..... adverting to the impact of the statutory provisions, certain basic features about the factories act, 1948 ought to be noticed at this juncture. ..... therefore made in diverse chapters of the act imposing obligations upon the owners of the factories to maintain inspecting staff and for maintenance of health cleanliness, prevention of overcrowding and provision for amenities such as lighting, drinking water, etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1962)ILLJ176AP
..... -cum-manager of intoori vishnumurthi tobacco company, situated at pandaripuram, chillakaluripeta, was chargesheeted for contravening' section 18 and rules 74 and 36, section 61 and rule 79 and section 45 and rule 63 of the factories act of 1948 and rules framed there under.2. ..... contention of the learned magistrate that it did not save limitation, does not seem to be correct, for under section 106 of the factories act, a complaint is to be made within three months of the date on which the commission of the offence came ..... guilty for contravening the provisions of sections 61, 18 and 45 of the factories act punishable under section 92 of the factories act and sentence him to a fine ..... thatwe are of opinion that what section 106, factories act requires is that a complaint must be made within three months of the date on which alleged commission of the offence came to the knowledge of the inspector and not that the court must take cognizance of the offence within such period and that the observation about the provisions of section 106, factories act in : air1954all27 is not correct ..... he noted that the respondent had not made arrangements for supply of good drinking water at the rate of one gallon per worker per day with dust' proof ..... the respondent has examined a clerk of his company to show that there was sufficient compliance with the provisions of the act; but there is absolutely no reason to discard the testimony of the additional inspector or to conclude that the additional inspector must .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom419; 2001(4)ALLMR407; 2001(3)BomCR749; (2001)3BOMLR846
..... rules 1.7 and 1.5 are ultra vires rule making power of the standing committee of the corporation being inconsistent with section 169 of the act of 1888;(iii) the water charges rules are illegal and contrary to the provisions of act of 1888, inasmuch as the procedure prescribed under sections 125 to 127 of the act have not at all followed; and(iv) the provisions of section 169 itself suffer from the vice of excessive delegation of powers and are violative of article 14 of the constitution ..... (i) that the said rules were ultra vires the rule making power of the standing committee being inconsistent with the provisions of section 169 of the bombay municipal corporation act of 1888; (ii) that the corporation was in no way justified in charging on the basis of quota because it was in no position to supply the quantity of water thereby; and (iii) that the said rule did not provide any guideline in respect of industries to which it was to be applied and as to how ..... the contention before the division bench in the said petition was that there was absolutely no basis in clubbing together the category of race course, the five star hotels and commercial factories under rule 1.7.1, and therefore, the said rule wasdiscriminatory and violative of article 14 of the constitution of india. ..... cold drink shops and bars, (c) saw mills; (d) best undertaking including residential quarters and labour chawls. ..... in the year 1948 land under cultivation also came to be metered. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All511; 1955CriLJ1232; (1956)ILLJ11All
..... of city magistrate, agra, in august 1950, against gopal das saksaria and brij mohan jha for an offence under section 92, factories act, 1948. ..... objection was taken on behalf of the accused that the trial was bad in law as it was in contravention of section 106, factories act, which is:'no court' shall take cognizance of any offence punishable under this act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an inspector:provided that where the offence consists of disobeying a ..... of factories in view of section 8, sub-section (4), factories act, and is competent himself to make a complaint under section 105, factories act. ..... are of opinion that what section 106, factories act requires is that a complaint must be made within three months of the date on which the alleged commission of the offence came to the knowledge of the inspector and not that the court must take cognizance of the offence within such period and that the observation about the provision of section 106, factories act in air 1954 all 27 ..... at page 28 of the judgment: -'it is provided in section 106, factories act that cognizance of an offence committed in connection with the factories act or rules could be taken only within three months of ..... did not deal with the question whether section 106, factories act, required the cognizance of the offence to' be taken within three months or merely required that complaint be made within three months .....
Tag this Judgment!Court : Mumbai
Reported in : [2001(89)FLR638]; (2001)ILLJ1252Bom
..... the learned judge was of the view that the expression 'industrial establishment' used in section 25-k of the said act having been defined in section 25-l to mean a 'factory' as defined in clause (m) of section 2 of the factories act, 1948 or a 'mine' as defined in section 2(1)(j) of the mines act, 1952 or a 'plantation' as defined in section 2(f) of the plantations labour act, 1951 and the writ petition pertained to a factory, the expression 'workmen' used in sub-section (1) of section 25-k had to bear the same meaning as in the definition of the expression 'worker' in section 2(1) of the factories act, 1948. ..... it is urged that whenever the industrial establishment under consideration is a factory within the meaning of section 2(1) of the factories act, 1948, keeping in mind the expanded definition of the expression 'worker' in section 2(1) of this factories act, 1948, all contractors employees and workmen whose services are controlled by statutory boards, will also have to be included while computing the total employment of workmen while deciding the application of section 25-k. ..... it was emphasised by the learned single judge that the definition in section 2(1) of the factories act, 1948 included within its sweep all persons employed directly or by or through any agency or through a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any kind of work .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP206
..... as regards exception from application of factories act, the contractors further said that their rates do not cover the application of factories act and that in case the employers are unable to obtain exemption of application of factories act, they would agree to lump sum payment of rs ..... was further stated that the employers would do their utmost to obtain exemption for the construction labour from the factories act but they could not assume any responsibility or liability in this respect. ..... will do our utmost to obtain exemption for the construction labour from the factory act, but we cannot assume any responsibility or liability in this respect. ..... as regards the application of factories act the contractors said that they had been informed by the engineer that the factories act had no application but in case it was applied in future they will be entitled to fair consideration of the request which they had already ..... learned counsel for the contractors in this connection rightly submitted that if on a particular matter the contract provides for acceptance of the opinion or decision of a party to the contract or a third party as in illustration (e) to section 29 of the contract act that matter cannot be held to be vague or uncertain and the contract cannot be invalidated for uncertainty. ..... letter dated 18th august, 1971 the contractors, claimed additional payment for both the works on account of escalation in wages under the minimum wages act, 1948 during the currency of the contracts. .....
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