Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Court: karnataka Page 1 of about 1,432 results (0.140 seconds)

Mr. Yashihirao Horinouchi Vs. The Deputy Director Of Factories

Court : Karnataka

..... the petitioners/appellants have also called in question the constitutional validity of proviso (ii) to section 2(n) of the factories act, 1948 (hereinafter referred to as the act ) as amended by act 20 of 1987, as violative of articles 14, 19(1)(g) and 21 of the constitution of ..... was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence: provided further that where a person is nominated as a director of a company by virtue of his holding any office or employment in the central government or state government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter. ..... that more care is taken for the maintenance of the factory and various safety measures prescribed under the act, so that the health, welfare and safety of the workers are not neglected. ..... factories act, 1948, provides for the health, safety, welfare and other aspects of workers in factories. ..... is a piece of social welfare legislation enacted primarily with the object of protecting workmen employed in factories against industrial and occupational hazards ..... occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. ..... occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. .....

Motor Industries Co. Ltd. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : (1971)2MysLJ240; [1971]27STC379(Kar)

..... under section 46 of the factories act, 1948, a statutory obligation is imposed on the petitioner-company to run a canteen for its employees as a labour welfare measure. ..... 793), this court held that the mysore sales tax act, 1948, does not seek to levy sales tax on all sale transactions but only on such transactions as are effected in the course of business and that where the assesses mills maintained a canteen on a no profit and no loss basis for the benefit of its employees in conformity with the requirements of the factories act, 1948, the turnover relating to sales effected in the canteen was not liable to be taxed under ..... sales effected in the course of trade or business that are exigible to tax and that in order to constitute a trade or business, the activity must be a commercial activity and that the sale effected in the course of carrying out a welfare measure enforced under the provisions of the factories act is not a sale in the course of trade or business nor can the petitioner-company be said to be a dealer in regard to food and drinks. ..... , bangalore, and are directed against the assessment orders made by the commercial tax officer, 8th circle, bangalore (respondent no. ..... . sales tax officer ([1964] 15 s.t.c .....

Phillipos and Co. Vs. State

Court : Karnataka

Reported in : [1990]67CompCas453a(Kar); 1989(3)KarLJ473; (1990)ILLJ227Kant

..... section 2(15) of the said act defines 'shop' as follows : 'shop' means any premises where any trade or business is carried on or where services are rendered to customers and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the factories act, 1948 (central act 63 of 1948).' 44. ..... section 2(u) defines 'shop' as follows : 'shop' means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, store rooms, godowns, or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1948.' 25. ..... the public and social interest in the health, welfare and efficiency of the worker is beyond challenge. ..... the rationale behind the legislation is social interest in the health of the workers who form a substantial segment of the community and in whose welfare the community is essentially and vitally interested. ..... the act of 1961 is a beneficial legislation, aimed to secure and intended to ensure welfare of the worker - an urgent social need.24. .....

M/S. Larsen and Toubro Limited, Bangalore and Another Vs. State of Kar ...

Court : Karnataka

Reported in : ILR1998KAR1897; 1998(4)KarLJ323; (1999)IILLJ532Kant

..... into consideration the report of the sub-committee supplemented by the reports of the labour officers from the districts and the reports received from six important towns where 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 ..... is not incidental to the manufacturing process but is only a statutory welfare requirement under the factories act.7. i.a. no. ..... under the 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 ..... been submitted that throughout karnataka and other places most of the canteens are not run departmentally but through contract labour inasmuch as the provision of canteen facility is only a welfare facility and is not related to the main activity of the industry. ..... averred in the petition that the first petitioner is running a heavily subsidised canteen as welfare measure for the benefit of its employees. ..... running of a canteen is no longer a welfare measure but an essential requirement which has been made .....

C. Venugopal and Another Vs. State of Karnataka

Court : Karnataka Kalaburagi

..... main contention of the learned counsel for the petitioners is that the order of dismissal by the learned chief judicial magistrate on the application filed under section 101 of the factories act, 1948 is too technical and that the learned chief judicial magistrate has not applied his judicious mind to the materials produced by the petitioners and the evidence ..... relevant to observe here that, when the court has come to the conclusion that the application filed under section 101 of factories act, 1948 was not maintainable because of the technical reason, it would not have allowed the parties to lead evidence ..... question is - "whether the trial court and the revisional court have properly considered the provisions of section 101 of the factories act, 1948 or not and they have committed any serious legal error in dismissing the application on technical ground ..... when the trial court has considered the contents of the application under section 101 of the factories act, 1948 and provided opportunity to the parties, then it should have passed the orders on merits of the application instead of dismissing ..... the trial court is hereby directed to dispose of the application filed under section 101 of factories act, 1948 on its merits considering the oral and documentary evidence of the petitioners and after hearing both the parties, as expeditiously as possible within the outer limit of six months from the date of ..... the complainant's office received notice on dangerous occurrence of cause of death .....

Commissioner of Income-tax Vs. Hindustan Aeronautics Ltd.

Court : Karnataka

Reported in : (1988)71CTR(Kar)156; [1988]174ITR340(KAR); [1988]174ITR340(Karn); 1988(2)KarLJ76; [1988]40TAXMAN31(Kar)

..... as there was no material difference between this section and section 79 of the factories act, 1948, the view of the calcutta high court was followed ..... in substance, there is no difference between section 79 of the factories act, 1948, on the one hand and the leave rules ..... considered in this case is whether there is any material difference between the rule and section 79 of the factories act as is sought to be made out in the remand report of the appellate assistant commissioner ..... the appellate assistant commissioner distinguished the leave benefit as provided in section 79 of the factories act from the rules applicable in the instant case and pointed out that vacation leave is earned at the end of each calendar year at the rate of one and one-half ..... the basis of that decision is that liability under section 49b of the factories act, 1934, to pay holiday wages depends on the circumstances specified therein and since they may or may not arise, the liability is only contingent and uncertain which may or ..... after examining the provisions of section 49b of the factories act, 1934, the learned chief justice of the ..... 278 of 62 itr) : 'it should be clear from what i have stated above that such statutory liability for holiday wages as the factories act creates is only a contingent liability which may or may not have to be discharged; and, secondly, the measure of that liability can ..... the assessing officer, while allowing the actual payments, disallowed certain amounts as they were only provisions .....

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

..... object of the factories act, 1948 was to ensure adequate safety measures and to promote health and welfare of the workers employed in factories. ..... the enactment is that the appropriate government should have no control over the commission after its constitution under section 3 of the act except for the purpose of filling any vacancy which may have arisen in the office of a member of the commission apart from winding up the commission by issuance of a notification under section 7 of the act if the continued existence of the commission is considered unnecessary. ..... which the constitution of the commission can be amended or varied by filling any vacancy in the office of a member as provided in the commissions of inquiry act is also obviously excluded from the purview of section 21 of the general clauses act which cannot be invoked for this purpose. 28. ..... in the office of a member of the commission may arise for several reasons, including resignation by the member, when the governments power to fill the vacancy under section 3(3) of the act can be ..... of reconstitution of the commission, the power to fill any vacancy in the office of a member of the commission is expressly provided in sub-section (3) of section 3 of the commissions of inquiry act. ..... if the principle of section 21 of the general clauses act can be availed of by returning officers then it is likely to be seriously abused wherever the persons in authority, find that their candidates are not likely to win on their nominations .....

Hind Art Press, Mangalore Vs. E.S.i. Corporation and anr.

Court : Karnataka

Reported in : I(1990)ACC127; [1989(59)FLR778]; ILR1989KAR2001; 1989(2)KarLJ227; (1990)IILLJ195Kant

..... section 51 of the factories act provides that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week and subject to this provision section 54 of the act provides that no adult workman shall be required or allowed to work for more than nine hours a day and this limit could be exceeded only to facilitate change of shifts and with the ..... circumstances when management is permitted to engage the services of a workman overtime in terms of the provisions of the factories act and a workman offers to work overtime that the management may allow him to work overtime on payment of double the rate for the period of overtime work as prescribed under section 59 of the factories act. ..... other additional remuneration, if any, paid at intervals not exceeding two months but does not include - (a) any contribution paid by the employer to any pension fund or provident fund or under this act : (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (d) any gratuity payable on ..... in these two appeals, presented under sub-section (2) of section 82 of the employees' state insurance act, 1948 ('the act' for short), the following substantial questions of law arise for consideration : '(1) whether on the facts and circumstances of the case, the respondent-employees' state insurance corporation, was justified in imposing .....

Welcomegroup Windsor Manor Sheraton and Towers, Rep. by Its Vice Presi ...

Court : Karnataka

Reported in : [2004(102)FLR369]; ILR2004KAR2231; 2004(4)KarLJ223

..... kasturi, learned senior counsel for the appellant and the government advocate for the respondents.section 6 of the factories act, 1948 empowers the state government to make the rules inter alia requiring registration and licensing of factories or any class or description of factories. ..... laundry and since there was nothing to show that the washing and cleaning of linen of the hotel was being done without collecting separate charges, the laundry was a manufacturing unit within the meaning of section 2(k) of the factories act even when the process employed in the laundry did not result in bringing about a new or altered product for sale, use, transport, delivery etc. ..... section 2(12) of the employees' state insurance act, 1948 defines the term 'factory' as under:''factory' means any premises including the precincts 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 being ..... that is because the meaning assigned to the expression 'manufacturing process' in section 2(k) of the factories act is wide enough to include a simple activity like washing and cleaning without bringing into existence a distinct article or product. ..... , who by his order dated 30.11.2000 dismissed the same holding that the factories act being a piece of welfare legislation brought for the benefit of the workmen had to be given a liberal construction. ..... mehta, income-tax officer and anr. .....

M/s. J.K. Tyres Ltd. Vs. Mysore Division Hotel, Worker's Union

Court : Karnataka

..... counsel for the appellant contends that the affairs of the canteen was governed by the provisions of factories act, 1948 cannot be termed as employees or the principal employer and employees of the appellant-company. ..... the case of indian petrochemicals corporation limited, the honourable supreme court held that the workmen of the statutory canteen are the workmen of the establishment for the purpose of factories act only and not ipso facto workmen of the establishment for other purposes like recruitment, seniority, promotion, retirement benefits, etc. 9. ..... is further submitted that it is mandatory on the part of the appellant - factory to run a canteen when it was employed more than 250 workers, the workers in the canteen are discharging the statutory obligation under section 46 of the factories act. ..... 3285/2001, thereby the learned single judge dismissed the writ petition filed by the appellant and confirmed the award dated 12th july 2000 passed by the presiding officer, labour court, mysore in reference no.116/1987. 2. ..... therefore, the award passed by the learned presiding officer of the labour court is liable to be rejected ..... the honourable supreme court, the learned counsel for the appellant - company contended that the appellant - management was not paying wages to the workmen of the canteen contractors, they were not appointed by the officers of the appellant - company. ..... the officers of the appellant company are not taken any disciplinary action against the canteen workmen at any .....