Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Page 1 of about 19,532 results (0.216 seconds)

Hazari Lal Srivastava Vs. Tulsipur Sugar Co. Ltd. and ors.

Court : Allahabad

Reported in : AIR1964All411; (1967)IILLJ355All

..... of 1949 were silent on the question of retirement on attainment of a particular age, but it has to be kept in view that, when the petitioner accepted service as a welfare officer, he knew that he was going to be governed by rules laying down the conditions of service made by the government under section 49(2) of the factories act.further, section 21 of the general clauses act was also in force at that time and any one accepting a service which, he knows, under the statute will be governed by conditions of service which ..... section 49 of the factories act made it compulsory for every factory wherein five hundred or more workers are ordinarily employed to employ in each factory such number of welfare officers as the state government might ..... the relations between the management and labour are matter of administration in the factory and notof the actual work of production.a welfare officer is thus only concerned with the managerial or administrative work in a factory though he himself does not possess any powers which he can exercise as such in those ..... 6 in appendix i to that notification in which a welfare officer is described as performing the duties as required by the factories welfare officers' rules and doing any other work assigned to him and has been described as belonging to the broad classification of ..... promulgated rules relating to appointment of welfare officers by factories ordinarily employing 500 or more workers ..... the provisions of section 49 of the factories act, 1948, the. .....

Pratap Chandra Sen Vs. Commissioner of Labour, Bihar Patna and anr.

Court : Supreme Court of India

Reported in : AIR1957SC794; 1957(0)BLJR596; (1957)IILLJ221SC

..... rule 4 provides for the qualifications of welfare officers which are of a fairly high standard.it is also provided that the existing labour welfare officers in the factories registered under the factories act of 1948 shall be eligible to apply provided they fulfill the prescribed qualifications and power is reserved in the state government to exempt any person who had been on 1st april 1949, in employment for a year or more in any factory as a welfare officer from the possession of all or any of the prescribed qualifications.rule 5 relating to conditions of service ..... besides, in the very letter of the general manager to the commissioner of labour dated december 2, 1952, it is mentioned that the company have applied to the government of bihar for the grant of exemption from the provisions of section 49 of the factories act. ..... section 50 empowers the state government to make rules exempting any factory from compliance with any of the provisions of chapter v of the act subject to such alternative arrangements for the welfare of the workers as may be prescribed. ..... sub-section (1) of section 49 provides that in every factory wherein five hundred or more workers are originally employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed.sub-section (2) of section 49 provides that the state government may prescribe the duties, qualifications, and conditions of service of officers employed under sub-section (1). .....

i.T.C. Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(1)AWC91; (2003)ILLJ442All

..... of the counter-affidavit being germane to proper appreciation of the controversy is quoted below :'that section 49 of the factories act, 1948, provides for appointment of welfare officer in the factories wherein 500 or more workers are ordinarily employed. ..... 13, 14 and 21 of the existing uttar pradesh factories welfare officers rules, 1955, with the avowed object of inviting objections and suggestions in respect thereof in exercise of power under sections 50 and 112 read with section 49 of factories act, 1948. ..... section 49 of the factories act, 1948, it is mandatory for every factory to have a welfare officer ..... worthy of notice that each factory having requisite strength of workers is required to have a welfare officer under the factories act, 1948. ..... they have had ample time at their disposal to levy implementation to the existing rights of the welfare officers and in this perspective, the submission of the learned counsel that the employer would be visited with prosecution under section 92 of the factories act, does not merit consideration after a lapse of 12 years during which they had ample time at their disposal to initiate steps for implementation of the ..... under sections 49 and 50 of the act, the state government may make rules to prescribe the scale of pay, qualifications, duties and other service conditions of welfare officers, as such the uttar pradesh factories welfare officers rules, 1955, were framed prescribing the grades, qualification and other conditions of service vide .....

Vishnu Sugar Mills Ltd. Vs. State of Bihar and ors.

Court : Patna

..... the short facts are that the petitioners in these writ applications are different sugar mills within the state of bihar employing welfare officers as required under section 49(1) of the factories act, 1948 (hereinafter referred to as act), 1948. ..... a.i.r (39)1952 all.109 wherein validity of rule 6 of factories welfare officers' rules, 1949, framed by the uttar pradesh government actingunder section 59(2) of the act, prescribing grades and scales of pay of welfare officers was challenged on the ground that grades and scale of pay do not come within the expression 'conditions of service. ..... this rule, therefore, clearly falls within the purview of the rule making power of the provincial government under sub-section (2) of section 49, factories act, 1948, and is, therefore, a valid rule.' 8. ..... challenging the relevant portions of the aforesaid two notifications, referred to above, the present writ applications have been filed and the first point raised by learned counsel appearing on behalf of the petitioners is that under section 49(2) of the act rules can be framed in relation to only those conditions of service, which relate to duties and qualifications of welfare officers and no rule can be framed regarding other conditions of service, namely, prescribing scale of pay and allowances payable to a welfare officer employed in a factory. .....

Vidyadhar R. Vs. National Textile Corporation and ors.

Court : Andhra Pradesh

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

..... similarly, neither section 49 nor rule 76-b directs that when the number of workers is reduced to 2000 or below, the chief welfare officer working at the relevant time shall stand reverted to the post of welfare officer or his services as the chief welfare officer shall stand terminated without the intervention of human will or intent, that is to say, without the act of the occupier of the factory. ..... and to establish liaison with the inspector of factories ..... to securing their expeditious redress and to act as a liaison officer between the management and labour; (iii) to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies to the workers in language they can understand; (iv) to advise on the fulfilment by the concerned departments of the factory management of obligations statutory or otherwise concerning the application of the provisions of the factories act, 1948 and the rules made thereunder .....

Electronics Corporation of India Vs. Government of Andhra Pradesh and ...

Court : Andhra Pradesh

Reported in : (1977)IILLJ86AP

..... under section 49 of the factories act, provision is made for appointment of welfare officers and in every factory wherein 500 or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed : and the state government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1) of section 49. ..... the rules were framed by the state government, in exercise of the powers conferred upon it by section 112 of the factories act, 1948. ..... apparently the petitioner, company had written a letter on 2nd november, 1970, asking for such approval and the letter of 16th march, 1971, from the chief inspector of factories reads as follows:in response to your letter cited i am to inform you that this office has no ob lection to re-designate the post of the labour welfare officer of your factory as assistant personnel manager (welfare) in the circumstances explained therein and subject to the conditions of service already formulated not being altered.10. ..... these rules were framed under section 49(2) and 112 of the factories act, 1948 and are similar of rule 76a of the rules before us. .....

L.K. Verma Vs. H.M.T. Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2006SC975; [2006(108)FLR1101]; JT2006(2)SC99; (2006)ILLJ1074SC; (2006)142PLR838; 2006(2)SCALE90; (2006)2SCC269; 2006(2)SLJ350(SC)

..... the management of the factory has suspended the petitioner/ appellant and thereafter dismissed from services in violation of the provisions of the factories act, 1948 and the up factories (safety officer) rules 1984 framed thereunder. ..... the terms and conditions of his services indisputably were governed by the rules framed in terms of section 40 - b of the factories act, 1948. ..... of appeal against suspension of the petitioner/ appellant is against the set rulings & norms, which indicates the malafide intention of the management against petitioner/ appellant(ii) ...vide letter dated 29.10.1997 of the general technical manager of the factory informed the petitioner/ appellant that all the charges against him found proved, but no further disciplinary action will be taken during the pendency of writ petition against suspension in the hon'ble high court ..... bihar colliery kamgar union : (2005)illj1135sc , this court, inter alia, following mahindra and mahindra (supra) held:it is well-established principle in law that in a given circumstance it is open to the industrial tribunal acting under section 11-a of the industrial disputes act, 1947 has the jurisdiction to interfere with the punishment awarded in the domestic inquiry for good and valid reasons. ..... the appellant was appointed as a welfare officer. .....

All Party Hill Leaders' Conference, Shillong Vs. CaptaIn W.A. Sangma a ...

Court : Supreme Court of India

Reported in : AIR1977SC2155; (1977)4SCC161; [1978]1SCR393; 1977(9)LC606(SC)

..... section 49(2) of the factories act, 1948, provides that the state government may prescribe the duties, qualifications and conditions of service of welfare officers employed in a factory. ..... the state government framed the rules under section 49(2) of the factories act and rule 6(6) provides that a welfare officer upon whom a punishment is imposed may appeal to the state government against the order of punishment and the decision of the state government shall be final and binding ..... even in the associated cement companies' case (supra) this court had to deal with the exercise of power by the state government under rule 6(5) and (6) of the punjab welfare officers recruitment and conditions of service rules, 1952 and it held that the state government in acting under those rules was a tribunal within the ambit of article 136(1). ..... the question that was raised for decision in that case was as to whether the state government of punjab exercising its appellate jurisdiction under rule 6 of the punjab welfare officers recruitment and conditions of service rules, 1952, was a tribunal within the meaning of article 136(1) of the constitution. ..... it has been conferred on the state government by a statutory rule and it can be exercised in respect of disputes between the management and its welfare officers. ..... the conduct of elections rules, 1961, which have been framed in exercise of the power under section 169 of the act, provide in part ii thereof for various matters under the title 'general provisions'. .....

Associated Cement Companies Ltd. Vs. P.N. Sharma and anr.

Court : Supreme Court of India

Reported in : AIR1965SC1595; [1965(11)FLR77]; (1965)ILLJ433SC; [1965]2SCR366

..... of 1948) (hereafter called the act) read with the provisions of the rules, the appellant was required to appoint one welfare officer and to notify his appointment and qualification to the chief inspector of factories. ..... is common ground that the appellant falls within the scope of section 49(1) and so, it has been appointing welfare officer in its factories; in fact, respondent no. ..... section 49(1) provides that in every factory wherein five hundred or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as may be ..... noticed that section 49(2) of the act confers on the state government authority to prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1); so that there can be no doubt that the state government would be competent to make rules which prescribe the conditions of service of welfare officers. ..... that the relevant rule which requires the concurrence of the labour commissioner before the management can dismiss or terminate the services of a welfare officer, is invalid inasmuch as it is outside the scope of the authority conferred on the state government by section 49(2) of the act. ..... which purports to prescribe such conditions of service is ultra vires section 49(2) of the act inasmuch as it imposes on the management the obligation to secure the concurrence of the labour commissioner before inflicting on the welfare officer the punishments to which the second proviso to r. .....

The Employers' Association of Northern India Vs. the Secretary for Lab ...

Court : Allahabad

Reported in : AIR1952All109

..... when theword 'ordinarily' has to be as interpreted in thedefinition of 'factory,' a similar interpretationmust be put on the word 'ordinarily' used in section 49when that section is applied to sugar factories.we are, therefore, unable to accept the contention of the learned counsel for the petitioner thatsection 49 factories act, 1948, cannot be applied at allto sugar factories or to other factories which havea limited working season. ..... grade i which carries the highest scale of pay is meant for welfare officers employed in factories ordinarily employing 2500 or more workers per day. ..... rule 8 enjoins the factories to send their requisition to the labour commissioner, when they require a welfare officer of grade iii, who shallsend the first ten names of candidates available in the, list and then requires the employer to select and appoint a candidate from amongst the names sent to him within one month. ..... rule 5 lays down that the labour commissioner shall invite applications from amongst candidates qualified under rule 4 and shall maintain a list of approved candidates for appointment as welfare officers in factories. ..... it was obviously competent for the provincial government, when prescribing the grades of officers, to make a distinction between welfare officers employed for factories employing more workers and those employing a smaller number. .....