Court : Gujarat
Reported in : (1990)1GLR325
..... resolution, it has clearly been pointed out that provisions of the factories act are to be applied to the workshop staff working in government transport garage and that this staff shall be eligible to all public holidays save and except second and fourth saturdays declared by the government of gujarat as they continue to be government servants though covered by the factories act, 1948. ..... that apart, even on the basis that motor transport section may have been registered as a factory under the factories act, the question would still remain as to whether civilian staff which is transferable outside workshop and which is enjoying the benefit of second and fourth saturdays or public holidays can be treated to be comparable to the ..... it is also pertinent to note that under section 51 of the factories act, employees governed by the factories act can be asked to work for 48 hours in a week and per day, they cannot be asked to do work for more than 8 hours, meaning thereby, they can be required to work for six days ..... note that all that deponent vadhela has stated is that civilian staff working in motor transport section under the director general of police is not governed by the provisions of either the factories act or any other labour laws. ..... that so far as motor transport section under the director general of police is concerned, it is comprised of two categories of employees-one of the said categories is the executive officers of the police force and are governed by the bombay police act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... only two minor changes, one to give some relief in respect of days on which a person is absent on account of injury received during the course of employment and to include in explanation 1(c) of section 79 of the factories act all days of earned leave enjoyed in the previous year.that appears to us to be more logical than including the leave earned in the previous year. ..... is perfectly true, as observed by this court in the earlier award, that the standing orders were framed for operatives in the year 1939 and these provisions were framed before leave provisions were made in the factories act; that as there was no leave provision, paid or unpaid, there was a constant fear amongst workers of losing employment since there was no guarantee of re-employment on return from leave and it was to remedy ..... by the department of labour in 1966 showed that increases in respect of service were applicable to 89 per cent of the workers in the sample of non-office workers and to 95 per cent of those in the sample of office workers (approximately half of the former and most of the latter have a basic holiday of two weeks). ..... 5 days' casual leave and a few days extra privilege leave in addition to that provided for in the indian factories act, 1948, and number of awards and practices prevailing where a few days' casual leave was granted and privilege leave higher than that provided under the indian factories act was granted. 3. ..... been started again not as an economic proposition but as a welfare measure. .....
Tag this Judgment!Court : Gujarat
Reported in : 1962CriLJ417; (1961)GLR717
..... 1948, shall apply to any person employed in or within the precincts of a factory notwithstanding anything contained in the factories act 1948 section 59 of the factories act. ..... 1948, did not apply and the respondent was -entitled, to take overtime work from the workers employed in the factory so long as the workers were paid extra wages for such overtime work in accordance with the provisions of section 59 of the factories act 1948- we fail to see how any such conclusion follows from the provisions of section 70 of the bombay shops and establishments act. ..... , was clearly to confer the benefit of wages for overtime work even on those persons who were not workers within the meaning of the said expression as used in the factories act 1948, and who were, therefore, not entitled to the benefit of the provision for wages for overtime work contained in section 59 of the 1 said act- the factories act. ..... 1948, is a piece of social welfare legislation and has been passed for the purpose of improving the conditions of work and ameliorating the lot of workers working in factories. ..... it is a beneficent piece of legislation intended to advance the welfare of workers and remove evils in the working conditions prevalent in factories. ..... is that of a single judge of the andhra pradesh high court and we do not find in the judgment any discussion of the question whether the principle of mens rea is applicable in the case of contravention of the provisions of a social welfare legislation like the factories act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj111
..... 85 of the factories act, 1948, and also the validity of a certain notification issued by the state government under that section on certain grounds which are all without substance but in order to understand the grounds it is necessary to state briefly the facts giving rise to the petition. ..... 14 of the constitution and the ground on which the challenge was based was that the section conferred an unguided and uncontrolled power on the state government to select places to be deemed 'factories: ' for the purpose of applying the provisions of the act. ..... presumably, the legislature felt that uniform application of the factories act to all establishments in which a manufacturing process is carried on requiring even small establishments to comply with the elaborate requirements of the factories act may impose great administrative strain upon governmental machinery, and involve hardship ordinarily not commensurate with the benefit secured thereby. ..... the legislature, however, 'with a view to prevent circumvention of the provisions of the factories act, and to secure to the persons working in establishments where manufacturing process is carried on, adequate safeguards where necessity is felt' authorized the state government under s. .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)GLR84; (1969)ILLJ317Guj
..... of the factories act, 1948, read with rule 61(7) of the gujarat factories rules read ..... 101 of the factories act, 1948, and then proceed further according to ..... factories act, 1948. ..... factories act, 1948. ..... to do actually with the working of that machinery or the like so as to enable the employer or manager to point him out as a person to be really proceeded against for the alleged breach of the provisions under the factories act, instead of himself, and, in any event, it cannot include any person such as the vendor or the supplier of any such machinery to the complainant. ..... 101 of the factories act and that, if accepted, would go to the root ..... 101 of the factories act were not to cover any such suppliers or vendors of machinery, the complaint becomes meaningless so far as the accused are concerned and the court would have not jurisdiction or justification to proceed to hear any ..... 101 of the factories act and if he were able to show that this provision of law cannot govern persons such as the accused in the circumstances of the case, such a point must be considered at the outset before actually any trial ..... 101 of the factories act can be attracted so as to require the court to ..... 101 of the factories act, inter alia alleging that they were responsible for the contravention of those provisions in respect of which he had been prosecuted ..... then, the state of gujarat, at the instance of the legal assistant, factory department of the government of gujarat, at the ahmedabad, filed three different .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(119)FLR1115]; (2009)ILLJ779Guj
..... in view of definition of 'factory' as per section 2(12) of the esi act, 1948 and section 2(m) of the factories act, 1948, if 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 being carried on with the aid of power or is ordinarily so carried on, then, such establishment is considered to be factory but for that, in esi act, there is no separate provision available authorizing esi inspector to inquire whether ten or more persons were working or ..... definition of 'factory' given under section 2(12) of the esi act and definition of 'factory' under section 2(m) of the factories act are verbatim same and, therefore, section 2(m) of; factories act is quoted as under:2(m) 'factory' means any premises including premises 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 ..... the factory inspector is authorized under provisions of factories act, 1948 but esi inspector is not authorized under esi act to demand documents for prior period or preceding 12 months from ..... while relying on aforesaid definition of term 'factory' as per section 2(12) of esi act, 1948, he submitted that if 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 being carried on with the aid of power or .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... factories act 1948, such contract labour and such home-workers could not be deemed to be workers, and they were deprived of their rights under this labour welfare ..... labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both at home (hereinafter referred to in this act as 'home-worker',) and (ii) any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor; section 2(g) defines 'employer' to mean - (a) in relation to contract labour, the principal employer, and (b) in relation to other labour, the person who has ..... the employer from getting the work of the manufacturing process carried on outside the industrial premises, an exception was carved out in the proviso that nothing in this sub-section shall apply to any layout who is given raw material by an employer or a contractor for being made into beedi or cigar or both at home. ..... (a) the provisions regarding health and welfare : sections 8 to 16 deal with the provisions regarding health and welfare and along with the relevant rules 10 to 21 of the beedi and cigar workers (conditions ..... 4(8) which runs as under :- 'subject to the foregoing provisions of this section, the competent authority may grant or renew licenses under this act on such terms and conditions as it may determine and where the competent authority refuses to grant or renew any licence, it shall do so by an order communicated to the applicant, .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR144
..... the accused was charged for offences under section 21(l)(v)(c) and under section 66(l)(b) of the factories act punishable under section 92 of the said act. ..... the prosecution case was that when the factory inspector visited the premises he found that woman employees were working on the night shift in contravention of section 66(l)(b) and that one sub-work woman had her sari caught in conveyer belt resulting in injury to her and hence the accused was said to have committed an offence punishable under section 21(l)(iv)(c) of the factories act. ..... of the learned magistrate discharging the accused but we feel, it is necessary in the interest of justice that the accused be directed to file an undertaking in this court to the effect that in future he will not contravene the provisions of the factories act for which he is charged in this case. ..... accused has been discharged on account of a fortutous circumstance that the complainant did not remain present, but that does not absolve the accused from complying with the duty cast on him under the factories act. ..... in this case it must be noted that the offences alleged against the accused are pertaining to contravention of the provisions of the factories act. ..... two appeals are filed by the state against the present respondent who is the manager of a factory known as sudershan khandsari udyog private limited at cheswad, taluka valia, district broach. ..... the factory owners are duty bound to carry out the provisions laid down in the act for the safety of .....
Tag this Judgment!Court : Gujarat
Reported in : 1973CriLJ1874; (1973)GLR495
..... the charge against the accused was that he had failed to provide proper safe-guard against moving parts of a machinery in his factory as required by section 21(1)(iv)(c) of the factories act, 1948 and bad thereby committed an offence punishable under section 92 of the factories act.2. ..... the above discussion it is clear that the accused, the occupier of the factory, in his capacity as the manager of she factory had failed to see that protection against the moving parts of the vertical conveyer was provided between the end of the window above the horizontal conveyer and moving parts of the vertical conveyer and he had, therefore, failed to discharge his duty iunder section 21(1)(iv)(c) and had thereby committed an offence punishable under section 92 of the factories act, 1948. ..... therefore, allow this criminal appeal, set aside the order of acquittal and convict the accused under section 92 of the factories act for breach of the provisions of section 21(1)(iv)(c) of the factories act and sentence the accused to pay a fine of rs. ..... section 21(1)(iv)(c) of the factories act provides that in every factory, unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, every dangerous part of any other machinery shall be securely fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery they are fencing are in .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)0GLR121; (1967)IILLJ806Guj
..... 92 of the factories act, 1948 (hereinafter referred to as the act), and sentencing him in each case to pay a fine of ..... court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the court - (a) that he has used due diligence to enforce the execution of this act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance that other person shall be convicted of ..... harivallabh, the supervisor, did not inform the occupier or the manager or other officers of the factory but of his own accord and in order to meet with the above contingencies, had asked the abovementioned three persons to work overtime; that he came to know of the incident on the next morning at about 11-30 ..... section 101 of the act when it refers to 'at the time appointed for hearing the charge' implies the time when this accusation is to be explained to the accused ..... section 101 of the act provides that a notice must be given by the occupier to the prosecutor of not less than three clear days and this time is to be calculated from the date appointed for hearing ..... the provisions of this section make it clear that in order that the occupier should claim an exemption, he must fulfill two conditions, namely : (1) he should make a complaint against the other persons whom he wishes to charge as actual offender, and (2) he should give .....
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