Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Page 11 of about 19,532 results (0.285 seconds)

Naval Employees' Union, through Its General Secretary Vs. Union of Ind ...

Court : Central Administrative Tribunal CAT Mumbai

..... put forth on behalf of the employees is exclusion of the hra/transport allowance/small family allowance for the purpose of computing overtime allowance, which the employees were getting previously by virtue of the provisions of sub-section 1 and 2 of section 59 of the factories act, 1948, which specifically provides that where a worker who works for more than nine hours in any day or for more than 48 hours in a week, he shall in respect of overtime work be entitled to wages at ..... in the above writ petitions the hon'ble high court of madras after considering and interpreting the provisions of section 59(2) of the factories act and posing a question on overtime allowance as what it includes held that the impugned order of the tribunal upholding the order of the management to exclude hra/city compensatory allowance ..... , madras bench in o.a.nos.1144, 1143, 1114, 1115, 1113 of 2009 decided on 24.12.2011 rejecting challenge to the impugned office memorandum, shows that the employees union get the desired relief since the order passed by the cat, madras bench was set aside and it is directed that while computing the ..... interim order passed by this tribunal, the effect and operation of the impugned office memorandum annexure a-1 was stayed on 29.01.2010. ..... respondents appeared and filed the common reply dated 06.04.2011 admitting issuance of the impugned office memorandum annexure a-1. ..... petition filed by the employees' union and one of its members/ employees challenging the office memorandum dtd. .....

Bombay Gas Co. Ltd. Vs. Jagannath Pandurang and ors.

Court : Supreme Court of India

Reported in : (1975)IILLJ345SC; (1975)4SCC690; [1976]1SCR291

..... should get overtime wages in the same way as the workmen governed by the factories act had been considered in the reference which resulted in the award of 1953 and before the tribunal it was conceded by the workmen that they were not governed by the factories act and the claim for the same overtime wages as those payable to workers under the factories act was based on the ground that there was no reason for any distinction between ..... the demand in respect of workers of the mains, services and district fittings departments and lamp-repairers and others who were till 1948 required to work on sundays and in respect of whom a weekly day off was introduced thereafter without any corresponding increase in their wages is ..... an award of an industrial tribunal in a reference under section 20 of the industrial disputes act binds not only persons who were the workmen of the employer at the time the award was made but also workmen who came to work under the employer after the ..... they filed 14 applications before the additional authority under section 15 of the payment of wages act claiming overtime wages for the period february 1957 to january ..... question however remains whether they are entitled to be paid overtime wages under the provisions of section 18(3) of the bombay shops & establishments act. ..... high court seems to have been of the impression that these workmen were entitled to be paid for the days off either under the award or under section 18(3) of the bombay shops and establishments act. .....

Govind Bapu Salvi and ors. Vs. Vishwanath Janardhan Joshi and ors.

Court : Supreme Court of India

Reported in : (1998)IIILLJ744SC; 1995Supp(1)SCC148

..... their contention was that even if they were occupying the official accommodation, since under the rules they were entitled to house rent allowance when no official accommodation was given to them, under section 59(2) of the factories act the overtime wages payable to them should be calculated taking into consideration the house rent allowance as well. ..... however, if the appellants are entitled to the calculation of the overtime wages by including house rent allowance otherwise than under section 59(2) of the factories act, they are free to pursue that claim. ..... section 59(2) of the factories act reads as follows ..... petition filed by the respondents, the high court held that since the appellants were occupying the official accommodation, they were not entitled to the payment of the house rent allowance within the meaning of section 59(2) of the factories act. ..... they filed a claim under section 33-c(2) of the industrial disputes act, 1947 before the labour court for calculating their overtime wages on the basis of their basic wages plus the house rent allowance to which, according to them, they were ..... says that the ordinary rate of wages which is referred to in sub-section (1) of section 59 means basic wages plus such allowance ... ..... (2) for the purposes of sub-section (1) ordinary rate of wages means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for .....

Maurya Timbers Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR609

..... it was observed by the court that where a person applies for registration under the factories act, he has no control over the proceedings thereafter for the grant of registration. ..... a question regarding the late issuance of registration under the factories act also came for examination before the allahabad high court in sahu stone crushing industries v ..... it was held that the requirement about the registration under the factories act was not a mandatory provision but a directory one. ..... registration under the factories act was, however, granted, on 24.11.1988 ..... exemption from sales tax, was, therefore, granted from 24.11.1988, the-date of registration under the factories act. ..... this is a petition under article 226/227 for quashing the order passed by the revisional authority under section 41(3) of the haryana general sales tax act, 1973 (for short 'the act') and the order of the sales tax tribunal passed on 1.2.1995.2. ..... it has to be noticed that the revisional authority, who passed the revising order undersection 40 of the act, was also a deputy excise and taxation commissioner and therefore, was not higher in rank than the authority empowered to issue the exemption ..... the revisional authority (deputy excise and taxation commissioner) exercising the power undersection 40 of the act, suo motu took up the matter and withdrew the benefit given by the assessing authority to the ..... the sales tax officer raised an objection in respect of that certificate ..... commercial taxes officers, 1994(94) s.t.c .....

Bhikuse Yamasa Kshatriya (P) Ltd., and anr. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : AIR1963SC1591; [1963(6)FLR348]; (1963)ILLJ270SC; [1964]1SCR860

..... 85 of the factories act :-'in exercise of the powersconferred by section 85 of the factories act, 1948 (lxiii of 1948), thegovernment of maharashtra hereby declares that all the provisions of the saidact shall apply to the places specified in column 2 of the schedule appendedhereto wherein a manufacturing process is carried on with or without the aid ofpower or is so ordinarily ..... 2(1) of the factories act, 1948 does not necessarily involvethe relationship of master and servant, and therefore owners of bidiestablishments had to conform to the requirements of the factories act and toafford to the workers the benefits provided under that act, even though theworkers did not maintain uniform hours of attendance, and were paid only forbidis turned ..... case the government of maharashtra was of the view thatfor the purpose of protecting the bidi rollers against any arbitrary treatmentby the bidi manufacturers, and to maintain the protection given to them underthe factories act which they had hitherto obtained prior to the decision ofthis hon'ble court in the case of shankar balaji waje a notification under s.85 of the factories act, 1948 should be issued. ..... , it was held by the bombay highcourt, 'factories' and the rollers working therein were 'workers' within themeaning of the factories act 63 of 1948 : the state v. ..... provisionsare also made for safety of workers and their welfare, such as restrictions onworking hours and on the employment of young persons and females and grant ofannual leave .....

Steel Plant Canteen Employees Union, Visakhapatnam and Others Vs. Chai ...

Court : Andhra Pradesh

Reported in : 2001(1)ALD537; 2001(1)ALT665

..... these canteens are provided compulsorily in view of the provisions of section 46 of the factories act, 1948. ..... of the above facts and circumstances of the case, the learned counsel for the petitioners submitted that as many as 18000 workers are working in the project and as per section 46 of the factories act, the state government may make rules requiring that in every specified factory wherein more than 250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers and the canteens shall ..... ms.no.11, dated 12-2-1990 women welfare, child development and labour department, did not abolish the contract labour in vsp, therefore, the question of regularising the services of the petitioners does not arise and lastly it is contended that as per the requirement of section 46 of the factories act, they have established 7 canteens to cater to the needs of its employees and as contemplated under rules 65 and 66 of the a.p. ..... the respondent no.1 also put the petitioner to proof that they are working in the canteen at blast furnace, rmhs, steel melting shop, training and development center and project officers. ..... furnace, petitioners 15 to 20 are working in the canteen of rmhs, petitioners 21 to 26 are working in the canteen at steel melting shop, petitioners 27 to 31 are working in the canteen at training and development and petitioners 32 to 37 are working in the canteen at project office. .....

Rana Metal Tubes Private Limited and anr. Vs. State of Uttar Pradesh a ...

Court : Allahabad

Reported in : [1990]79STC440(All)

..... was, however, rejected on the short ground that the petitioners' unit was registered under the factories act, 1948, subsequently, i.e. ..... divisional level committee appears to be of the view that inasmuch as this registration under the factories act took place after the unit had gone into production, the petitioners could not be granted eligibility ..... committee was hence clearly wrong in rejecting the petitioners' application on the ground that the registration certificate was granted under the factories act to the petitioners subsequently to the date on which the petitioners' unit went into production. ..... is registered under the factories act, the unit becomes entitled to the grant of eligibility certificate provided it complies with the other conditions laid down under the notifications as well as under section 4-a of the u.p. ..... sales tax act is whether the industrial unit applying for that benefit is a 'new unit' as contemplated by section 4-a and if it is found that it complies with the provisions of section 4-a as well as the notifications issued thereunder the certificate has ..... to be found for examining an application under section 4-a of the u.p. ..... the petitioners were a new unit which would be deemed to have gone into production on october 3, 1983, within the meaning of explanation (1) to section 4-a of the u.p. ..... carrying on business of manufacture and sale of steel pipes and tubes claiming to be a new unit and entitled to the exemption from sales tax under section 4-a of the u.p. .....

Workmen Employed in the Canteen Run by Srf Ltd. Vs. Government of Tami ...

Court : Chennai

Reported in : [1996(73)FLR1354]

..... union of india (supra) the apex court on an interpretation of paras 2832 and 2830 in chapter xxviii of railway establishment manual and section 46 of the factories act held that the employees in the statutory and non-statutory recognised railway canteens are entitled to be treated as railway employees. ..... 2(1) of the factories act, 1948, the workers of the co-operative society must be considered as the workers of the proprietor of the factory and, therefore, the first respondent is bound to reinstate the canteen employees in their service. ..... 46 of the factories act, 1948, and the canteen was run by a contractor. ..... further, the said 12(3) settlement entered into between the canteen employees and the contractor in the presence of the conciliation officer will go to show that the srf company has nothing to do with the said settlement which regulate the conditions of service of the canteen employees. ..... no doubt, the industrial disputes act and the factories act are labour welfare legislations enacted with a social purpose and liberal and purposive interpretation has to be given to the various provisions of these enactments. ..... 1(4) of the employees' state insurance act, 1948, held as follows in para. 7 at p. ..... the srf company has got a factory which is registered under the factories act, 1948, at manali, madras. ..... 2(12) of the employees' state insurance act, 1948. .....

Employees' State Insurance Corporation Vs. Jalandhar Gymkhana Club

Court : Punjab and Haryana

Reported in : [1992(65)FLR948]; (1993)ILLJ477P& H; (1992)101PLR666

..... 'manufacturing process' is defined in section 2(k) of the factories act as follows:'manufacturing process' means any process for- (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, ..... sub-clauses (i) and (vi) of section 2(k) of the factories act defines manufacturing process, which has been reproduced in the earlier part of the judgment. ..... we do not see how this process for making food or for washing, cleaning, or otherwise treating or adapting raw materials with a view to prepare food, cannot be treated as manufacturing process as defined in section 2(k) of the factories act. ..... 'manufacturing process' has not been defined under the act but it is provided in the act that the expressions 'manufacturing process' and 'power' shall have the same meaning, respectively assigned to them in the factories act. ..... the employees' state insurance act, 1948 (hereinafter referred to as 'the act') has been enacted to provide certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relation thereto. .....

Chairman of the Serampore Municipality Vs. Inspector of Factories, Hoo ...

Court : Kolkata

Reported in : (1898)ILR25Cal454

..... , because the person prosecuted was the chairman of the municipality, whereas the sanction accorded was for the prosecution of the municipal commissioners; that sections 15 and 17 of the factories act refer only to persons immediately connected with a factory; that there is nothing to show that the municipal act is to be read with the factories act; that there is no provision of law authorising the prosecution of municipal authorities, and that in any case neither the municipality nor the chairman can be held ..... it appears that on the 20th of july last the civil medical officer of serampore, who is a joint inspector of factories, inspected the hastings mill between the hours of 9 and 11 a.m. ..... and the municipality are jointly responsible for that which caused the effluvia to arise, the municipality must be held responsible for the arising of the effluvia, because the discovery of the effluvia by the inspecting officer took place in the day time, when it was the turn of the municipality to keep the latrine clean. ..... municipality for the cleansing of the latrines of the mill, but that they receive an extra allowance from the mill for night work, and are required to report themselves during the night to the mill officers. .....