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 : Madhya Pradesh
Reported in : (2003)179CTR(MP)447; [2002]258ITR425(MP)
..... of sub-section (3) of section 40 of the finance act, 1983, which was enacted initially, any building or part thereof used by the assessee as factory, godown, warehouse, hotel or office, etc. ..... naturally, themeaning assigned to this word in the factories act could be taken into account even for the purpose ..... factories act a cinema theatre was termed as a factory covered by the provisions of the said act ..... factory' is not defined and, therefore, a liberal approach to the interpretation of this provision would permit any entity which is governed by the factories act also to be treated as factory ..... : [1993]202itr121(kar) held, as below (headnote) :'under section 40 of the finance act, 1983, provision was made to levy wealth-tax on certain assets ..... seen that in the finance act of 1983, the factory was one of the properties exempted from the wealth-tax act. ..... the tribunal has correctly interpreted the word 'factory' occurring in the finance act of 1983. ..... 'factory' was not defined in the finance act ..... this reference under section 27(1) of the wealth-tax act, 1957, is made by the income-tax appellate tribunal, indore bench, indore, at the instance of the revenue, for resolution of the following question said to be a question of law :'whether, on the facts and in the ..... the cinema theatre was entitled to exemption from wealth-tax for the assessment years 1987-88 and 1988-89 and accordingly quashing the order of the commissioner of wealth-tax passed under section 26(2) of the wealth-tax act, 1957 ?'3. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2004(102)FLR424]; (2004)IIILLJ396Raj; 2004WLC(Raj)UC365
..... the learned counsel for the respondent-commissioner submitted that the' factories act, 1948 (for short, 'the act, 1948') is relevant to understand the word 'overtime allowance' for the employees working ..... worker, as per the provisions of this section of the act, 1948, shall be required or allowed to work in a factory for more than forty- eight hours in ..... sub-section (2) of section 55 of the act, 1948 empowers the state government or subject to the control of the state government, the chief inspector, by written order and for the reasons specified therein, to exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval ..... section 56 of the act, 1948 makes a provision that the period of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a ..... section 54 of the act, 1948 provides that subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than ..... section 55 of the act, 1948 is the provision relating to intervals for rest and the period of work of an adult worker in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of ..... accept that the officers of the establishment firm were not aware (sic) of the provisions of the act, 1952. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR711; (1959)IILLJ177Bom
..... unregulated factories act was in force at the time when the factories act of 1948 was brought into force, and therefore at that time the legislature advisedly did not amend the maternity benefit act because they probably took the view that the provisions of the unregulated factories act were sufficient to deal with the case of unregulated factories under which class the applicants' factory fell and that it was not necessary to apply the wider definition in the factories act of 1948 to such unregulated factories ..... section 8, general clauses act, does not require that the later act repealing and reenacting an earlier act, should be a repealing and amending act. ..... 8(1) of the general clauses act must be read in the light of the precedent words of the section and they cannot be isolated from their context. ..... section 8(1) of the central general clauses act runs as follows : 'where this act, or any central act or regulation made after the commencement of this act, repeals and reenacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so reenacted.' 9. ..... 8 would not strictly apply, still the principle of construction enunciated in that section would apply. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1940Bom265; (1940)42BOMLR482
..... the accused is the occupier of the arvind mills in ahmedabad, and he was prosecuted under section 60 of the factories act in respect of offences under section s 37 and 42, that is in substance for allowing workmen to work beyond the prescribed hours ..... this is a reference made by the sessions judge of ahmedabad, and it raises a question of procedure on a prosecution under section 60(b)(i) of the factories act, 1934.2. ..... the accused by way of defence lodged a complaint against the assistant spinning master under section 71 of the factories act. ..... before the 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 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 the offence and ..... the question for our decision is whether, when a complaint is lodged by an accused under section 71, the factory inspector, as the complainant in the original complaint, can cross-examine the accused when he goes into' the witness-box to prove his own complaint ..... support the reference, which has rather surprised me, since i should have thought that it was tol the public interests to oppose it, because, if we accept the reference, i am satisfied that serious evasions of the factories act may follow. 3. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... 1 has either been specified by the state government in terms of section 46 ofthe factories act, 1948 r/w rule 79 of the maharashtra factories rules, 1963,that there is any notification, either pleaded or placed on record in that regard,either before the industrial court along with the complaint or in this court alongwith the present petition. ..... as beinga part of its undertaking, except mere submission in that regard in the complaint.he has further submitted that section 46 of the factories act, 1948 clearlyrequires the government to issue a notification specifying the undertaking torequire to have a canteen for the use of the workers and the rules 79 to 85 of themaharashtra factories rules, 1963 are applicable in that regard and that rule79(1) clarifies the necessity of a notification which is required to be issued by thegovernment in order to attract the provisions of section 46 in case of anyparticular undertaking. ..... . beingso, it is not the case where there was absence of notification in terms of the rulesframed under section 46 by the concerned state government or that the saraspurmills company was not specified undertaking in terms of the provisions of section 46 of the factories act, 1948 ..... section 46of the factories act, 1948 provides that the state government may make rulesrequiring that any specified factory wherein more than 250 workers are ordinarilyemployed, a canteen or canteens shall be provided and maintained by theoccupier for the use of the workers. .....
Tag this Judgment!Court : Kolkata
Reported in : [2003(97)FLR256],(2002)IIILLJ828Cal
..... for the allocation register the hours in respect of scheduled holidays, sundays, factories act leave and gate passes including late attendance for which payment is made, may be transcribed into labour job cards in 8 hours as equivalent to one day. ..... in the instant case, i have indicated that appellate authority totally ignored the standing orders binding upon parties and relied upon subsequent office order which cannot upset the provisions relating to maximum working hours and overtime specified in the certified standing orders. ..... being dissatisfied, the employer preferred an appeal under section 17 of the act and by the order impugned herein the appellate authority has set aside the order passed by the authority below and has held that for the purpose of calculating overtime, 8 hours should be taken to be a day's ..... the petitioners, who arc all workmen under the respondent filed a joint petition before the authority under section 15 of the said act alleging illegal deduction from the wages of the applicants.3. ..... according to section 10 of the said act, standing orders finally certified under the said act shall not, except on agreement between employer and the workmen or a trade union or other representative body of the workmen be liable to modification until expiry of six months from the date on which the standing orders or the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578
..... section 6 of the factories act, 1948 deals with approval, licensing and registration of factories. ..... the word 'industrial establishment' has been defined in section 25l and it means (i) a factory as defined in section 2(m) of the factories act or (ii) a mine or (iii) a plantation. ..... it was held that the word 'premises' in section 2(m) of the factories act is a generic term meaning open land or land with buildings or buildings alone ..... the retrenchment benefits in accordance with section 25f(a) and (b) of the industrial disputes act, 1947, has been worked out and the individual staff are also being intimated through separate letter to take their payment from their respective offices. ..... such posts were created in the corporate office and had been filled in, tn accordance with the recruitment rules, after open advertisement. ..... for any correspondence, you may be in touch withcorporate office at palika bhawan, sector 13, r. k. ..... the head office of the company had prepared a seniority list of regular employees but the names of the petitioners had not been included in the said list on the alleged ground that they were working on ad hoc basis, though ..... you may leave' permanent address with us, if you so wish to ensure delivery of communication to you from other project offices of the company. ..... in case of their refusal to take delivery of the letter or retrenchment compensation the same shall be sent by registered post/money order respectively to their home address as available in the office record. 1. .....
Tag this Judgment!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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