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Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Court: jharkhand Page 1 of about 82 results (0.122 seconds)

Oct 16 2015 (HC)

Acc Limited Through Its Director Plant Mr Manoj Jindal Vs. Labour

Court : Jharkhand

..... section 2(1)(d) of the building and other construction workers' welfare cess (regulation of employment and conditions of service) act, 1996 provides that building or other construction work defined under the said section does not include any building or other construction work to which provisions of the factories act, 1948 or the mines act, 1952, apply. ..... at this stage, mere assertion of the petitioner that construction and other related activities for expansion project is covered under the factories act, 1948 and thus, it is excluded from operation of section 2(1)(d) of the building and other construction workers' welfare cess (regulation of employment and conditions of service) act, 1996, is not sufficient. ..... chapter x of the factories act, 1948 deals with penalties in cases of violation of provisions under chapter iv which deals with safety and dangerous operations defined under section 87 of the said act. ..... the only plea raised by the petitioner in the writ petition is that it is excluded from operation of building and 4 other construction workers' welfare cess (regulation of employment and conditions of service) act, 1996 because it has been granted licence under the factories act, 1948. ..... labour officer cum cess assessing officer under the building and other construction workers' welfare cess act, 1996 bartad, dhanbad ... .. ..... the petitioner, a public limited company has its registered office at mumbai and it owns a factory at sindri, which is commonly known as sindri cement works. .....

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May 19 2009 (HC)

Central Coalfields Ltd. Vs. the State of Bihar and anr.

Court : Jharkhand

Reported in : 2009(57)BLJR2139; (2009)IVLLJ774Jhar

..... the provisions under section 2(k)(i) and under section 2(m)(i) and (ii) of the factories act, 1948 is not at all applicable but instead it is covered under the inclusive definition under section 2(j) of the mines act, 1952 as well as under section 2(h) of the coal nationalization act since the water treatment plant is installed for ancillary purposes for its use in syal-d colliery and hence it falls within the definition of section 2(j) of the mines act. ..... the respondents in their counter affidavit have submitted that under section 9 of the factories act, 1948 the inspector of factories was empowered to inspect the place and examine it wherever he has reasons to believe that the plaint is being used as a factory. ..... the water treatment plant is used to purify water for supply to its employee and citizen of the locality in the mining area or adjacent to it without charging any cost and the same and it is only for the welfare purpose and not for commercial purpose and thus, it neither produces any thing nor manufactures any thing to be covered under section 2(k) of the factories act.10. ..... sub-clause (xi) of section 2(h) provides that all other [other than those in sub-clause (x)] lands and buildings wherever situated, if solely used for the location of the management, sale or liaison offices or for the residence of officers and staff of the mine are also acquired. .....

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Mar 11 2015 (HC)

Arvind Goel and Anr Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... it was submitted by learned senior counsel for the petitioners that in contravention to the provisions of section 106 of the factories act, although the accident had taken place on 4.5.2012 but the complaint was filed on 7.8.2012, which is beyond the period of three months as prescribed under section 106 of the factory act and therefore the learned additional chief judicial magistrate, jamshedpur has committed an error of law in taking cognizance for the offence under section 92 of the factories act. ..... 2 had filed the complaint case within the time prescribed under section 106 of the factories act and in such circumstances no interference is warranted in the criminal proceedings. ..... 2, cognizance was taken for the offence under section 92 of the factories act, vide order dated 7.8.2012. ..... section 106 of the factories act precludes a court from taking cognizance of any offence punishable under the act unless complaint is made within three months of the date on which the alleged commission of the offence came to the knowledge of the inspector ..... after the prosecution report was submitted before the learned additional chief judicial magistrate, cognizance was taken vide order -2- dated 7.8.2012 for the offence under section 92 of the factories act. ..... c/2-389 of 2012 including the order dated 7.8.2012, passed by learned additional chief judicial magistrate, at jamshedpur, whereby and whereunder he has been pleased to take cognizance for the offence under section 92 of the factories act. ..... , 1948. .....

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Apr 22 2016 (HC)

M/S Bihar Ruffia Industries Vs. Bihar State Electricity Board

Court : Jharkhand

..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the financial controller ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, son of late ..... jamshedpur well pack industries a company incorporated under the companies act, 1956, having its factory at adityapur industrial area, gamharia through one of its director, sri naresh agarwal, son of ..... gr-526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident of chirkunda ..... a company incorporated under the companies act, having its factory at amaghata, govindpur, through one of its directors sri mahesh kumar bhukania son of sri basudev bhukania resident of barakar ..... a company incorporated under the companies act, having its factory at egarcore, kumardhubi, through one of its directors sri ashok kumar agarwal son of sri sanwar mal agarwal resident of kendua bazar ..... a company incorporated under the companies act, having its factory at chirkunda, through one of its directors sri gajanand agarwal son of late kishan lal agarwal resident of chirkunda .....

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Apr 22 2016 (HC)

M/S Jamshedpur Well Pack Poly Vs. Bihar State Electricity Board

Court : Jharkhand

..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the financial controller ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, son of late ..... jamshedpur well pack industries a company incorporated under the companies act, 1956, having its factory at adityapur industrial area, gamharia through one of its director, sri naresh agarwal, son of ..... gr-526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident of chirkunda ..... a company incorporated under the companies act, having its factory at amaghata, govindpur, through one of its directors sri mahesh kumar bhukania son of sri basudev bhukania resident of barakar ..... a company incorporated under the companies act, having its factory at egarcore, kumardhubi, through one of its directors sri ashok kumar agarwal son of sri sanwar mal agarwal resident of kendua bazar ..... a company incorporated under the companies act, having its factory at chirkunda, through one of its directors sri gajanand agarwal son of late kishan lal agarwal resident of chirkunda .....

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Apr 22 2016 (HC)

M/S Tis Fab Limited Vs. Bihar State Electricity Board

Court : Jharkhand

..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the financial controller ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, son of late ..... jamshedpur well pack industries a company incorporated under the companies act, 1956, having its factory at adityapur industrial area, gamharia through one of its director, sri naresh agarwal, son of ..... gr-526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident of chirkunda ..... a company incorporated under the companies act, having its factory at amaghata, govindpur, through one of its directors sri mahesh kumar bhukania son of sri basudev bhukania resident of barakar ..... a company incorporated under the companies act, having its factory at egarcore, kumardhubi, through one of its directors sri ashok kumar agarwal son of sri sanwar mal agarwal resident of kendua bazar ..... a company incorporated under the companies act, having its factory at chirkunda, through one of its directors sri gajanand agarwal son of late kishan lal agarwal resident of chirkunda .....

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Sep 25 2008 (HC)

Bishop's School and Anr. Vs. State of Bihar (now Jharkhand) and Ors.

Court : Jharkhand

Reported in : [2008(119)FLR946]; (2009)ILLJ693Jhar

..... further, manufacturing process has been defined under section 2(k) of the factories act, 1948 and the same is quoted as under:2(k) 'manufacturing process' means my process for:(i) making, altering, repairing. ..... under section 2(m) 'factory' has been defined under the factories act, 1948 and the same is quoted as under:2. ..... 1, and directed them to get the school registered under the provisions of factories act, 1948 and bihar factories rules, 1950 and further to comply with various provisions of the said act and rules.2. ..... it is well settled that the notification so issued under section 85 of the factories act cannot expand the scope of the main statutory provision under which it has been notified, otherwise it will be rendered illegal and devoid of any authority and jurisdiction. ..... the respondents in their counter affidavit have relied upon a notification issued under section 85 of the factories act, which is quoted as under:85. ..... a school cannot be said to be involved in a manufacturing process to be covered under the definition of factory as provided under section 2(m) of the factories act.12. ..... it has also been contended by the learned counsel for the petitioners that their school has been singled out as none of the schools has been asked to get itself registered under the factories act and, thus, the impugned action of the respondents is discriminatory and motivated, apart from being arbitrary and illegal.11. .....

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Apr 03 2006 (HC)

T. Mukherjee and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2006(111)FLR553]; [2006(4)JCR122(Jhr)]

..... 1187 of 2004 whereby, the cognizance for an offence under section 92 of the factories act, 1948 has been taken against the petitioners.3. ..... mazumdar is that section 106 of the factories act prescribes a period of limitation of three months only for filing a complaint for commission of the offence under section 92 of the factories act and the period of three months has to be counted from the alleged date of occurrence.4. ..... accordingly, i hold that the order taking cognizance dated 19.3.2004 under section 92 of the factories act against the petitioner was beyond the jurisdiction of the learned court below because the same was barred by the law of limitation prescribed under section 106 of the factories act.8. ..... from bare perusal of section 105 of the factories act, as quoted above, it is absolutely clear that the law provides that the complaint with regard to the commission of the offence under the act has to be made within a period of three months from the date of commission of the offence or from the date of knowledge of the commission of the said offence. ..... for ready reference, section 106 of the factories act is quoted hereinbelow:section 106 : limitation of prosecution. ..... 2, the alleged occurrence took place on 3.9.2003 and the complaint was filed on 19.3.2004 and on that very date itself, the cognizance was taken under section 92 of the factories act by the learned magistrate.6. ..... much after the period of limitation of 90 days as prescribed under section 106 of the factories act. .....

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May 13 2015 (HC)

Ms Tulsyan Metals Pvt Ltd Vs. Damodar Valley Corporation

Court : Jharkhand

..... 3976 of 2012 balmukund sponge and iron limited, a company incorporated under the provisions of the companies act, 1956 having its registered office at 603, shanti kunj apartment, chajjubagh, patna, bihar, through one of its director sri abhishek kanodia, son of naval kumar kanodia, resident of 38a/1 new road, kolkata, ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at gajandih road, jumritelaiya, koderma through one of its director sri shashi kant kanoria, son of shri sushil kumar kanoria, resident of ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at manjhiladih, giridih through one of its director sri arpit kumar sarawagi, son of sri santosh kumar sarawgi, resident of sarawgi sadan, whitty bazar, girdih, ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at manjhiladih, giridih through one of its director sri para kumar sarawagi, son of sri mahabir prasad kumar sarawgi, resident of sarawgi sadan, whitty bazar, ..... september, 2014 as per the terms and conditions of the agreement read with section 47 of the electricity act, 2003 and clause 10 (2) of the jharkhand electricity supply regulation code, 2005 ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at manjhiladih, giridih through one 7 of its director sri para kumar sarawagi, son of sri mahabir prasad kumar sarawgi, resident of sarawgi sadan, whitty bazar, .....

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May 13 2015 (HC)

M/S Maihar Alloys (P) Ltd. Vs. Damodar Valley Corporation and A

Court : Jharkhand

..... 3976 of 2012 balmukund sponge and iron limited, a company incorporated under the provisions of the companies act, 1956 having its registered office at 603, shanti kunj apartment, chajjubagh, patna, bihar, through one of its director sri abhishek kanodia, son of naval kumar kanodia, resident of 38a/1 new road, kolkata, ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at gajandih road, jumritelaiya, koderma through one of its director sri shashi kant kanoria, son of shri sushil kumar kanoria, resident of ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at manjhiladih, giridih through one of its director sri arpit kumar sarawagi, son of sri santosh kumar sarawgi, resident of sarawgi sadan, whitty bazar, girdih, ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at manjhiladih, giridih through one of its director sri para kumar sarawagi, son of sri mahabir prasad kumar sarawgi, resident of sarawgi sadan, whitty bazar, ..... september, 2014 as per the terms and conditions of the agreement read with section 47 of the electricity act, 2003 and clause 10 (2) of the jharkhand electricity supply regulation code, 2005 ..... , a company incorporated under the provisions of the companies act, 1956 having its factory at manjhiladih, giridih through one 7 of its director sri para kumar sarawagi, son of sri mahabir prasad kumar sarawgi, resident of sarawgi sadan, whitty bazar, .....

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