Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Court: orissa Page 1 of about 144 results (0.121 seconds)

M/S. Sterlite Energy Ltd. Vs. State of Orissa and ors.

Court : Orissa

..... while interpreting the definition of "building or other construction work", as defined in section 2(1) (d) of the bocw act and the expression " but does not include any building or construction work to which the provisions of the factories act, 1948, or the mines act, 1952, apply" provided therein, learned counsel for the petitioner submitted that the said words of exclusion used in the act do not admit of any ambiguity and a plain reading thereof demonstrates that the ..... district of jharsuguda, for which it has obtained necessary approval of the layout plans and specifications and requisite permission from the concerned authority to carry out such constructions, as provided under section 6 of the factories act, 1948, read with rule 3 of the orissa factories rules, 1950. ..... the purpose of establishment of its independent power plant, which constitutes a factory, as defined under the factories act and the petitioner having obtained necessary permission from the concerned authority for carrying out such constructions, as required under the factories act and the orissa factories rules, the provisions of bocw act and the building and other construction workers' welfare cess act,1996 ("cess act" for short) are not applicable to the petitioner's establishment.3. ..... and manner of collection of cess and rule 6 requires that every employer, within thirty days of commencement of his work or payment of cess, as the case may be, furnish information to the assessing officer in the prescribed form. .....

State Transport Accounts Association and Etc. Etc. Vs. Orissa State Ro ...

Court : Orissa

Reported in : (1992)ILLJ397Ori

..... of this chapter - (a) 'industrial establishment' means - (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948);' section 2(m) of the factories act is also quoted below:-'2. ..... and 1510 of air):'the wide proposition that the existence of an alternative remedy is a bar to the entertainment of a petition under article 226 of the constitution unless (1) there was a complete lack of jurisdiction in the officer or authority to take the action impugned, or (2) where the order prejudicial to the writ petitioner has been passed in violation of the principles of natural justice and could, therefore, be treated as void or non est and ..... associations are supposed to represent various categories of employees of the corporation, such as, the ministerial officers, accounts officers, auditors, statistical assistants, station masters, assistant station masters, survey inspectors and traffic inspectors, ..... the association petitioners represent ministerial officers, accounts clerks, auditors, subordinate officers, statistical employees and the individual petitioners are station masters, assistant station masters, traffic survey inspectors, traffic inspectors, accounts clerks, ..... the commercial tax officer, it was held that the state trading corporation, a company registered under the indian companies act, is not a citizen within the meaning of article 19 of the constitution and being a juristic person cannot ask for the enforcement of fundamental rights granted to .....

Prabhulal Potadia Vs. State

Court : Orissa

Reported in : 1966CriLJ228

..... the main question for consideration is whether the kiln in question is a 'factory' within the meaning of the indian factories act (lxiii of 1948) (hereinafter referred to as the act) requiring to be registered as prescribed under rules 3, 4 and 5 of orissa factory rules made under section 6 of the act.the expression 'factory' has been defined in section 2(m) as follows:factory' means any premises including the precincts thereof:(i) whereon ten or more workers are working, or were working on any day of the preceding ..... factories found the kiln to be a 'factory' within the meaning of the indian factories act, 1948, but the same was being run without registration' and without the written approval of the chief inspector of factories ..... thus the petitioner clearly contravened section 6 of the factory act and the rules 3, 4 and 5 made there, under, and is thus liable under section 22 of the said act.in the result, the conviction and ..... after cognizance was taken under section 92 of the indian factories act, the accused was summoned ..... under section 92 of the indian factories act and ..... the aid of power is of little significance.thus, the prosecution has established a prime facie case that the kiln in question was a 'factory' within the meaning of the act and once it is established that the kiln in question is a factory wit hit the meaning of the act, the provisions of section 103 as to the presumption of employment are immediately attracted and the onus to prove the contrary shifts to the accused. .....

Orissa Wool Industries and anr. Vs. R.P.F.C. Orissa and anr.

Court : Orissa

Reported in : (1994)IILLJ1022Ori

..... the learned counsel's next leg of argument is that by invoking the power under section 4 of the act the central government could have brought garments making factory also within the purview of the act which has, however, not been done as there is no mention of that power in the ..... of the powers conferred by clause (b) of sub-section (3) of section 1 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), the central government hereby specifies every garments making factory employing twenty or more persons as an establishment to which the said act shall apply with effect from november 30, 1974.'4. ..... so, shri mohanty's submission is that the aforesaid notification having been issued in exercise of the powers conferred by section 1(3)(b) of the act would not apply to the industry inasmuch as in case of the factory only those industries specified in schedule i of the act would come within the purview of the act, because of what is stated in clause (a) of sub-section (3) of section 1 of the act. ..... states that the industry is a 'factory' as defined in section 2(g) of the act because a manufacturing process is being carried ..... to substantiate this submission, we are referred to annexure - f in the second para of which it has been stated by the enquiring officer that on verification of the records it was observed that at the initial stage though there were 37 workers who were found eligible but in the passing of time there had been a considerable reduction and .....

Regional Director, Esic Vs. P.B. Gupta

Court : Orissa

Reported in : 76(1993)CLT893; [1994(68)FLR666]; (1994)IILLJ19Ori

..... for consideration in this appeal is whether 'over-time allowance' paid to employees would be included in the definition of 'wages' in section 2(22) of the employees' state insurance act, 1948, for the purpose of the employer's contribution on the same. ..... as has been stated earlier, the concept of overtime work or payment for the same is derived from the provisions of the factories act and it is undisputed that neither the employer can force an employee to do overtime nor an employee can claim as of right to work overtime and ..... such provisions have been made in the factories act the construction and legal import of the definition of 'wages' are to be found by reference to the language used and object and the context of the act where it occurs and it would be dangerous to rely upon the provisions of other statutes for the interpretation ..... further observed that even under the factories act, no workman can be compelled to ..... 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 discharge ..... act which provides a definition to the word 'wages', but it is because of the provisions of the factories act a workman is allowed to work .....

Surajmal Kashiprasad (by Kashiprasad Jhunjhunwala) Vs. State of Orissa

Court : Orissa

Reported in : 28(1962)CLT195; (1962)IILLJ575Ori

..... section 7(1) of the factories lot requires the occupier of a factory to send to the chief inspector of factories is, written notice containing some specified particulars and sub-section (2) of that section further says that in respect of factories which were in existence prior to the commencement of the factories act that application shall be sent, within thirty days from much commencement ..... the occupier of a factory was prosecuted under section 92 of the factories act for(a) omission to send a written notice of occupation in form 3 as required by section 7(1) of the act and the bombay factories rules made under that act. ..... on 31 october 1959 the assistant labour officer and inspector of shops and commercial establishments, guttaok, filed a complaint against the petitioner for his prosecution under section 35(1) of the act for contravention of section 4(1) of the act and rule 4 of the orissa shops and commercial establishments rules, 1958, thereinafter referred to as the rules ..... the petition of complaint may be quoted in full:petition of complaint.in the court of the subdivisions magistrate,sadar, cuttackstate (on the complaint of the assistantlabour officer and inspector of shops andcommercial establishments, cuttaok city)v.sri kashiprasad, employer of surajmalkashiprasad, buxibazaar, cuttaok.i complain that sri kashiprasad, employer of surajmal kasbiprasad, buxibazaar ..... ) [illegible],31 january 1960,assistant labour officer andinspector of shops and commercialestablishments, cuttack .....

Biswabhusan Naik Vs. the State

Court : Orissa

Reported in : AIR1952Ori289; 18(1952)CLT227

..... it may be noticed at this stage, that section 26 of the factories act of 1934, which was then in force (and which, corresponds to section 40 of the present factory act of 1948) has a provision in the following terms :'if it appears to the inspector that any building, or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the manager of the factory an order in writing prohibiting its use until it has been properly repaired or altered'.that is a drastic provision ..... as follows : 'no court shall take cognizance of an offence punishable under section 161 or section 165 of the indian penal code or under sub-section (2) of section 5 of this act, alleged to have been committed by a public servant except with the previous sanction (a) in the case of a person who is employed in connection with the affairs of the federation and is not removable from his office save by or with the sanction of the central government;(b) in the case of a person who is employed in connection with the affairs .....

State of Orissa Vs. D. Bahinipati

Court : Orissa

Reported in : AIR1965Ori164; 1965CriLJ381; (1965)ILLJ193Ori

..... 2, the inspector of factories, orissa, submitted a prosecution report under section 92 of the factories act against the respondent alleging that he arranged the spread-over of the period of work in the factory to 12 hours as against the permissible maximum of ten and half hours, and thus contravened the provisions of section 55 of the factories act, 1948 (hereinafter described as 'the act'). ..... was contended that the accused in his action is protected by the provision of section 117 of the factories act. ..... 2) in form f in accordance with section 9a of the industrial disputes act, 1947, was sent to the conciliation officer on 10-10-1981. ..... is also the case of the accused that he notified the proposed change of the period of work to the conciliation officer as required under section 9a of the industrial disputes act. ..... the factory inspector himself admitted that the said letter was received in his office on 12-10-1961, 8. ..... fact, he gave the requisite notice of the proposed change to the inspector of factories as also to the conciliation officer. ..... was also submitted by him on 10-10-1981 to the conciliation officer in form f as required under rule 36 of the industrial disputes act, 1947. ..... in the present case, the same official holds the post of chief inspector of factories under the act and also the post of the labour commissioner (conciliation officer) under the industrial disputes act. ..... and 2 were also duly received in the respective offices is not disputed. ..... was duly received by his office. .....

National Aluminium Company Ltd. and Others Vs. Employees State Insuran ...

Court : Orissa

..... no.2 to the petitioner-company to show-cause within ten days from the date of that show-cause notice as to why the petitioner as one of the principal employer of their factory m/s.nalco(project) should not be prosecuted for non-compliance with the provisions of the esi act, 1948 and regulations framed thereunder.2. ..... no.2 to the petitioner to show-cause within ten days from the date of that show-cause notice as to why the petitioner as one of the factory of m/s.nalco (project) should not be prosecuted for non-compliance with the provisions of the esi act, 1948 and regulations framed thereunder. ..... the said final assessment order under annexure-9, the petitioners filed an esi case before employees state insurance court, bhubaneswar under section 75 of the employees state insurance act, 1948 which was registered as esi misc. ..... air 196.sc 1506.the constitution bench of the hon ble supreme court held that where there is a complete lack of jurisdiction of any officer or 14 authority who takes the action impugned, the writ jurisdiction should be exercised.23. ..... case in a nutshell is that nalco is a government of india public sector company having its head office 3 at bhubaneswar and unit office at angul as well as damanjodi. ..... the insurance medical officer i/c, esi dispensary, damanjodi, district koraput vide his letter dated 16.7.2012 has 6 written to the state medical commissioner, esi corporation, bhubaneswar indicating therein that the estimated cost for inaugural function of esi .....

The Aluminium Industries Employees Union and anr. Vs. Aluminium Indust ...

Court : Orissa

Reported in : AIR1963Ori169

..... further contended that the model standing orders prescribed in schedule i to the industrial employment (standing orders) rules 1946 would, on a fair construction show that only acts of misconduct committed within the premises of a factory would fall within the scope of the standing orders and that the model orders may be taken as a guide in ascertaining the scope and content of the powers ..... union objected to sub-clause (c) which deals with acts of misconduct committed outside the factory premises and the certifying officer upheld the objection and directed the deletion of the whole ..... of the district judge, under section 6 of the industrial employment (standing orders) act 1948.2. ..... prepared draft standing orders under section 3 of the aforesaid act and submitted the same to the certifying officer, under section 5 of the act. ..... even if the model standing orders are taken as a guide, any provision in the standing orders for regulating the action of a workmen outside the factory premises is ultra vires the act so as to justify interference under article 226 of the constitution.5. ..... sub-clause (ix) of clause 32 of the said draft orders which is relevant for the purpose of this application, is as follows :'32 (ix) commission of any act subversive of discipline or good behaviour : (a) on the company's premises or(b) in the course of duty or(c) outside the company's premises, if it is proved to have directly affected the discipline or administration of the company if it is directly linked .....