Court : Chennai
Reported in : AIR1960Mad288; (1959)IILLJ771Mad
..... section 11 of the factories act contains provision relating to cleanliness in factories. ..... section 95 of the factories act provides penalties for obstructing the inspector ..... section 3 of the factories act which refers to 'time of day' is practically reproduced in s ..... if an individual has officers subordinate to him whose work he is required to overlook, if he has to take decisions and also the responsibility for ensuring that the matters entrusted to his charge are efficiently conducted and an ascertainable area or section of work is arranged to him, one would ordinarily be justified in saying that he is in a position of management. ..... the limits within which a sub-divisional officer or a district officer can incur expenditure is always laid down by the rules. ..... another illustration that i recall is that of the officer who was the director of land records. ..... for the madras territory there is a central office in madras headed by a manager. ..... in the madras territory there were about 36 depots, about 7 aviation service stations, about 4 sales offices and 3 terminals. ..... he has a number of men and officers under him. ..... , whose head office was in bombay fell within the scope of s. ..... i was provided with transport as members of the executive staff to and from office. ..... when i was operations assistant, i was given lunch facilities with the executive staff of the head office. ..... there were about 16 assistants in the same grade as prem sagar in the central office. ..... all the four departments are in the central office. .....
Tag this Judgment!Court : Chennai
Reported in : 1997(2)CTC317; (1997)IILLJ972Mad
..... an industrial establishment is defined under section 25l of the industrial disputes act as under : '(a) 'industrial establishment' means - (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause (j) of sub-section (i) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, - (i) in relation to any company in which not less than fifty-one per cent of the paid-up share capital is held by the central government, or (ii) ..... becomes abundantly clear that an electronic data processing unit, or a computer unit installed in any premises or part thereof, and such activities may amount to manufacturing process, bringing within the ambit of the word 'factory' as defined under section 2(m) of the factories act, yet explanation ii grants an exemption immunity to an electronic data processing or computer unit from being brought within the purview of the welfare legislators namely the labour laws. ..... or computer software processing activities are carried out along with other manufacturing process or activities, then, that establishment cannot claim the benefit and would squarely be covered by the welfare legislations, namely labour laws, and the establishment would be a factory as defined under section 2(m) of the factories act. 11. .....
Tag this Judgment!Court : Chennai
Reported in : (1988)ILLJ398Mad
..... 545 passed under section 6 of the shops act granting exemption from all the provisions of the act in respect of any establishment or class of establishments covered by the factories act 1948, applies, first respondent had no right to move the second respondent, by invoking section 41(2) of the act. ..... being a workman within the meaning of section 2(1) of the factories act, and employed in a factory which is registered under the factories act, the exemption granted under section 6 of the shops act, relating to establishments registered under the factories act would automatically apply. ..... he refers to the definitions of 'worker' under section 2(1), 'factory' under section 2(m) and 'manufacturing process' under section 2(k) of the factories act, to contend that when the nature of work carried out by the first respondent, is a kind of work involved in the factory, which is registered under the factories act, he is a workman who would come within the provisions of the factories act. ..... to this claim, learned counsel for the first respondent would state that under section 2(3) when the petitioner is a commercial establishment and it being a joint stock company, and when the nature of work done by the first respondent is not connected with any manufacturing process which would fall under section 2(1) of the factories act, the notification issued under section 6 of the shops act cannot be put as against the first respondent. 5. .....
Tag this Judgment!Court : Chennai
Reported in : (1991)IILLJ12Mad
..... 2(1) of the factories act, 1948, the workers of the second respondent - canteen must be considered as workers of the first respondent and, therefore, the first respondent is bound to reinstate the petitioners in their ..... of the factories act, 1948. ..... within two years of the commencement of production, in accordance with statutory obligations under the factories act, the first respondent-company started the second respondent - canteen for the sale of foodstuffs to the workers of the ..... 46 of the factories act, it is not possible to spell out a conclusive theory, without reference to the fact, that there ought to have existed the relationship of employer and employee in all cases. ..... 46 of the factories act, of course enjoins upon the occupier to provide and maintain canteen for the use of the ..... 46 of the factories /act, and it is another thing to say that when the canteen run by a co-operative society, as a separate entity, be-came defunct, the first respondent is bound to provide employment to its ..... in fact, the set of rules adumbrated in the tamil nadu factories rules, 1950 contemplate and provide for running of such canteens; and in particular, rule 70(6) prescribes that the workers of the factory can, by themselves, run the canteen on a co-operative basis and in such a case the running of the canteen will be governed by the law governing co-operative ..... , the supreme court was more concerned with the definition of an 'employee', as found in the bombay industrial disputes act, 1938. .....
Tag this Judgment!Court : Chennai
Reported in : 2004CriLJ3282
..... 6(1) of factories act, 1948 r/w rule 4 of 1950 and 7(1) of factories act, 1948 r/w rule 12 of 1950 and imposed a fine of rs.5,000/- on each count; total fine amount of rs.15,000/-. ..... 6 of factories act, 1948 r/w rule 3 of 1950, s. ..... 92 of factories act, 1948 r/w rule 12 of 1950 and imposed a fine of rs.5,000/- on each count; total fine amount of rs.15,000/-.2. ..... 92 of factories act, 1948 r/w rule 4 of 1950 and sec. ..... 92 of factories act, 1948 r/w rule 3 of 1950, sec. ..... that decision cannot be made applicable to the case in hand, where sri siva blue metal unit is clearly covered under the provisions of the factories act to which penal provision of sec. ..... , the premises related to gujarat travancore agency to which the provision of the factories act was not then applicable. ..... since no reply was forthcoming, complaint was launched against the appellant / accused for violations of provisions of factories act on three counts as noted above. ..... 92 of the factories act contemplates imprisonment for a term of two years or with fine which may extend to rupees one lakh or with both. ..... 94 of the factories act. ..... 92 of the factories act. 3. ..... section 7(1) imposes an obligation on the occupier of a factory to send a written notice, containing prescribed particulars, to the chief inspector at least 15 days before an occupier begins to occupy or use a premises as a factory- the name and situation of the factory; the name and address of the occupier and such others. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad542; (1959)IILLJ344Mad
..... by section 3(1) it was enacted that 'the term ''factory' in the payment of wages act would mean a factory, as defined in section 2(m) of the factories act 68 of 1948 therefore till the corning into force of the payment of wages act 68 of 1957, that is, till 1-4-1958, the definition in the payment of wages act in regard to 'factory' was 'factory' as defined in the factories act of 1934 (act 25 of 1934). ..... 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 bring the premises in thecategory of factory and a manufacturing processwould be deemed to have been made there. ..... section 15 of the act states that the state government may, by notification, appoint any commissioner for workmen's compensation or other officer having judicial experience 10 be the authority to hear and decide for any specified area all claims arising out of deduction from the wages, or delay in payment of the wages, of persons employed or paid in that area. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad269; (1953)IILLJ29Mad; (1952)IIMLJ917
..... the factories act (63 of 1948) is the act in force which is said to have been contravened; but the studio in question was in existence before this act was passed and had been registered when the earlier act 25 of 1934 which was replaced by act 63 of 1948 was in vogue. ..... gopalaratnam then contends that the preamble to the factories act should be looked into for the purpose of finding out the intention with which the enactment was brought into being and that the factories act of 1948 was an act to consolidate and amend the law regulating labour in factories. ..... it is evidently a notice sent to the chief inspector of factories under section 7(1) of act 63 of 1948 which corresponds to section 9(1) of the act of 1934. ex. ..... of story and dialogue writers, song composers and music composers and musicians; (2) the administrative department consists of the proprietor, secretaries, chief; executive officer, accountants and programme makers; (3) the technical department consists of cameramen, sound engineers, make-up artists, electricians, editor, laboratorians and still-photographers; (4) the directorial department consists of picture directors and art directors. ..... chapter v deals with labour welfare. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad203; 1959CriLJ614; (1959)ILLJ631Mad
..... down in (s) or the test set forth in thecases, from out of which these revisions have arisen, could not be held to come within the purview of the definition of "a factory" nor the persons employed in or working in these concerns could ever come within the definition of "workers" as contained in the factories act of 1948.the broad requirements for establishing that the persons working in such concerns are workers is that there should be a relationship of master and servant and that ..... cases and made the orders in the rule nisi absolute, and held that, in the state of the evidence in the case, such persons working in the sheds would not be workers within the meaning of the factories act, there being no contract of services but only a contract for services, and there being no effective supervision or control by the owners of the sheds, as masters, over the persons working in the sheds, as servant, and no right to even ..... in the end, therefore, we- allow all these six revision petitions and hold that the sheds in question are not factories, and the workers working there are not workers, within the meaning of the factories act, and set aside the convictions and sentences passed on the petitioners and acquit them. ..... their contention all along was that they were not factories, and thaf the persons working in their premises would not be workers within the definition contained in the factories act, and that they were not, therefore, bound to maintain a muster roll in the prescribed form no.79 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad425; (1960)IILLJ108Mad
..... section 11 of the factories act contains provision relating to cleanliness in factories. ..... section 95 of the factories act provides penalties for obstructing the inspector ..... section 3 of the factories act which refers to "time of day" is practically reproduced in s ..... if an individual has officers subordinate to him whose work he is required to overlook, if he has to take decisions and also the responsibility for ensuring that the matters entrusted to his charge are efficiently conducted and an ascertainable area or section of work is arranged to him, one would ordinarily be justified in saying that he is in a position of management ..... the limits within which a sub-divisional officer or a district officer can incur expenditure is always laid down by the rules. ..... another illustration that i recall is that of the officer who was the director of land records. ..... for the madras territory there is a central office in madras headed by a manager. ..... when i was operations assistant, i was given lunch facilities with the executive staff of the head office.i was provided with transport as members of the executive staff to and from office. ..... in the madras territory there were about 36 depots, about 7 aviation service stations, about 4 sales offices and 3 terminals. ..... he has a number of men and officers under him. ..... , whose head office was in bombay fell within the scope of s ..... all the four departments are in the central office.sri. p. ..... there were about 16 assistants in the same grade as prem sagar in the central office. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad154; (1953)IILLJ20Mad; (1952)2MLJ730
..... 2210 (development department) dated 22-4-1948 has been issued in the following terms : 'in exercise of the powers conferred by section 85(1) of the factories act, 1948 (central act lxiii of 1948) his excellency the governor of madras, declares that all the provisions of the said act shall apply to any place wherein a manufacturing process is carried on without the aid of power or is so ordinarily carried on and ten or more but less than 20 persons are ..... section 2(m) factories act, lxiii of 1948, defines a factory as any premises including the precincts thereof wherein 20 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on without the aid of power, ..... of section 2(m) in restricting the term 'factory' to places which employ 20 or more persons engaging in a manufacturing process without the aid of power, is that small undertakings most often practically family businesses, should not be subjected to the rigorous restrictions imposed by the factories act and that in fact such business would not be requiring the rigorous restrictions under the factories act. ..... and ultra vires and beyond the powers conferred under section 85, factories act. ..... places and in certain types of businesses run with less than 20 but more than ten persons without the aid of power conditions may exist calling for the application of the salutary provisions of the factories act in ensuring the welfare of the workers. .....
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