Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Page 13 of about 19,532 results (0.193 seconds)

Delhi Cloth and Genral Co. Mills Ltd. Vs. the Union of India and anr.

Court : Delhi

Reported in : ILR1976Delhi28; [1976]38STC403(Delhi)

..... concerned, is not a 'dealer' within the meaning of the sales tax act, because (a) the assessed, in making the sales in the canteen, cannot be said to be carrying on 'the business of selling goods' within the meaning of the sales tax act and (b) the sales are not strictly 'sales' within the meaning of the act for the reason that the canteen is being run in order to fulfill the statutory obligation under section 46 of the factories act, 1948, and rule 68 of the delhi ..... commercial sales tax officer, bihar (supra) (29) and held in the case before them that under andhra pradesh sugar cane (regulation of supply and purchase) act 45 of 1961, a cane grower made an offer to the occupier of the factory directly and the latter accepted the offer, that the parties then made and signed an agreement in writing, that there was thus a direct privity of contract between the parties, that the contract was a ..... sales tax officer (supra) (8), the learned judges referred to the fact that the asscssce before them was obliged to establish and maintain a canteen by reason of the provisions in section 46 of the factories act and rule 68 of the u.p. ..... 1 of 1972 is the delhi cloth & general mills company limited which is a public limited company registered under the indian companies act, 1882, and has its registered office at bara hindu rao, delhi. ..... weaving and spinning mills company which is a public limited company registered under the indian companies act, 1882, and having its registered office at delhi. .....

Natural Textiles Pvt. Ltd. Represented by Its Managing Director Mrs. R ...

Court : Karnataka

Reported in : ILR2008KAR2221; 2007(3)KarLJ286

..... high court of madras in w.p.no.4604-06/99 by order dated 8.12.00 has struck down section 66(1)(b) of the factories act of 1948 as violative of above provisions. ..... under section 66(1)(b) of the factories act of 1948 and that they would lose job and become unemployed in the event of enforcement of the said section, this petition is filed stating that the provisions provided are violative of the fundamental rights of the petitioners under articles 14, 15(1), 16(1), 16(2), 19(1)(g) and article 21 r/w 39(a) of the directive principles of state ..... this petition, petitioners have sought for to issue a writ in the nature or certiorari or any other writ or order and quash section 66(1)(b) or the factories act, 1948.2. ..... in that view of the matter once again declaring section 66(1)(b) of the factories act as unconstitutional is redundant and such a prayer may not survive for consideration, rather, it is to be clarified that if the authorities without knowing the implications try to enforce the said provision which is declared as unconstitutional and removed ..... orthodox to present situation even women are participating in each and every field and if such a restraint is imposed, it comes in the way of employment and livelihood of petitioners 2 to 11 and accordingly, sought for to quash the provisions of section 66(1)(b) of the factories act.5. ..... the 1st petitioner-factory is said to be engaged in manufacture and export of inner garments having high reputation in india as well as in the international .....

Shri Siddhartha Misra and Anr Vs. The State of Jharkhand Through Facto ...

Court : Jharkhand

..... the question of limitation is concerned, it would be apt to refer to section 106 of the factories act, 1948 which reads as follows:- 106.limitation of prosecutions. ..... management and if the worker had been -2- stopped from going to the place of accident, the incident might not have happened and in such circumstance the management has violated the directions as given in section 7a (2(c) of the factories act, 1948 and is also violative of rule 55a (2) of the jharkhand factories rules, 1950.4. ..... in such circumstances, when the prosecution report itself has been submitted beyond the prescribed period of limitation in terms of section 106 of the factories act, the order taking cognizance dated 22.08.2012 having not considered that the application itself was time barred, the petitioners cannot ..... 22.08.2012 but the same apparently seems to bear non application of judicial mind as neither the said order indicates that the delay has been condoned prior to taking cognizance nor the provisions of section 106 of the factories act have been appreciated prior to taking such cognizance. ..... is that m/s hpcl new depot project, biada, balidih, bokaro is an unregistered factory, whose documents relating to the registration have not been submitted in the office of the factories inspector.3. ..... , chief regional manager, hpcl, ranchi retail regional office, having its regional office at maru towers ( 5th floor), kanke road ..... chief regional manager of hpcl, ranchi, retail regional office, whereas the petitioner no. .....

Esic .. Vs. Vijay Grover.

Court : Delhi

..... who may be connected with the administration of the factory or any part department or branch thereof or with the purchase of raw material or for the distribution of sale of product of the factory those employees would be covered within the definition of the word employee taking into consideration ..... section 2 (9) introducing the inclusive definition of the employee enacted by act of 1966 which came into force on 28.01.1968, the employees connected with the administration of factory, the purchase ofraw material and the distribution or sale of the product also came within the definition of the employee and therefore it has been held that all those employees who are not directly employed in the factory but are employed even in other offices ..... note of other provisions of industrial disputes act the honble supreme court observed:"the act not having prescribed any specific tests for determining what is "one establishment," we must fall back on such considerations as in the ordinary industrial or business sense determine the unity of an industrial establishment, having regard no doubt to the scheme and object of the act and other relevant provisions of the mines act, 1952, or the factories act, 1948. ..... that for the welfare of the employees and for his own benefits, respondents decided to get the factory and the sales office covered under the esi act from 5.4.1988. .....

Dharmendra Kataria Vs. Ganganagar Sugar Mills Ltd. and ors.

Court : Rajasthan

Reported in : RLW2007(3)Raj1892

..... establishment for the purposes of this act.section 2(17)-'shop' means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godowns or ware- houses, 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 benefit provided for workers under the factories act, 1948.section 3-'exemptions. ..... as given in section 2(17) is an inclusive definition which defines the word 'shop' to mean 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 at the same time, excluding '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. ..... the central and state governments, local authorities the reserve bank of india, a railway administration operating any railway as defined in clause (20) of art.366 of the constitution and cantonment authorities;(f) establishments which, not being factories within the meaning of the factories act, 1948, are in respect of matters dealt with in this act, governed by a separate law for the time being in force in the state.18. .....

Management of Binny Ltd. (B and C Mills), Madras-12 Vs. K. Elumalai an ...

Court : Chennai

Reported in : (1988)ILLJ398Mad

..... 545 passed under section 6 of the shops act granting exemption from all the provisions of the act in respect of any establishment or class of establishments covered by the factories act 1948, applies, first respondent had no right to move the second respondent, by invoking section 41(2) of the act. ..... being a workman within the meaning of section 2(1) of the factories act, and employed in a factory which is registered under the factories act, the exemption granted under section 6 of the shops act, relating to establishments registered under the factories act would automatically apply. ..... he refers to the definitions of 'worker' under section 2(1), 'factory' under section 2(m) and 'manufacturing process' under section 2(k) of the factories act, to contend that when the nature of work carried out by the first respondent, is a kind of work involved in the factory, which is registered under the factories act, he is a workman who would come within the provisions of the factories act. ..... to this claim, learned counsel for the first respondent would state that under section 2(3) when the petitioner is a commercial establishment and it being a joint stock company, and when the nature of work done by the first respondent is not connected with any manufacturing process which would fall under section 2(1) of the factories act, the notification issued under section 6 of the shops act cannot be put as against the first respondent. 5. .....

Seelan Raj R. and 14 Others Vs. P. O., I Addl. Labour Court and ors.

Court : Chennai

Reported in : 1997(2)CTC317; (1997)IILLJ972Mad

..... an industrial establishment is defined under section 25l of the industrial disputes act as under : '(a) 'industrial establishment' means - (i) a factory as defined in clause (m) of section 2 of the factories act, 1948 (63 of 1948); (ii) a mine as defined in clause (j) of sub-section (i) of section 2 of the mines act, 1952 (35 of 1952); or (iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951 (69 of 1951); (b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2, - (i) in relation to any company in which not less than fifty-one per cent of the paid-up share capital is held by the central government, or (ii) ..... becomes abundantly clear that an electronic data processing unit, or a computer unit installed in any premises or part thereof, and such activities may amount to manufacturing process, bringing within the ambit of the word 'factory' as defined under section 2(m) of the factories act, yet explanation ii grants an exemption immunity to an electronic data processing or computer unit from being brought within the purview of the welfare legislators namely the labour laws. ..... or computer software processing activities are carried out along with other manufacturing process or activities, then, that establishment cannot claim the benefit and would squarely be covered by the welfare legislations, namely labour laws, and the establishment would be a factory as defined under section 2(m) of the factories act. 11. .....

Delhi Gymkhana Club Ltd. Vs. Employees State Insurance Corporation

Court : Supreme Court of India

..... prior to act 29/1989, in section 2(12) of the esi act, the expressions manufacturing process , power shall have the meaning respectively assigned to them in the factories act, 1948. ..... manufacturing process has been defined in section 2(k) of the factories act, 1948 as under:- 2. ..... the provisions of esi act must be construed along the lines of the objects of the act so that the benefits of welfare legislation are not curtailed. ..... the counsel for the appellant claimed exemption under section 1(4) of the esi act, contending that the club is already providing medical facilities and that they have staff welfare fund out of which employees are paid in cases of death, funeral expenses and in case of illness and hence esi act is not applicable to them. ..... per contra, learned counsel for the respondent submitted that the purpose is to extend the benefit of the scheme to the employees working in the appellant-club and while doing so, the object of welfare legislations, like the esi act, ought to be kept in mind. ..... esi act is a beneficial piece of social welfare legislation aimed at securing the well- being of the employees and the court will not adopt a narrow interpretation which will have the effect of defeating the objects of the act.19. ..... we find no reason as to why the employees of the appellant-club should be kept out of the welfare coverage of the beneficial legislation like esi act.14. .....

Jagdish Prasad Sharma Vs. Inspector, Factories and Boilers

Court : Rajasthan

Reported in : 1991(1)WLN126

..... of the petitioner that there is no evidence on record, on the basis of which the charges under section 92 of the factories act and/or under section 304a of the indian penal code are made out. ..... that the complainant visited the factory of the petitioner on jaunary 7/8,1986, in connection with the accident which took-place on december 20,1985, in which a female childlabour was died and as the accused had not used the substantial protection-guard, he has, thus, contravened the provisions of section 21 of the factories act, which is punishable under section 92 of the factories act. ..... of the witnesses recorded by the inspector during trial and the other documents, produced by the complainant, though prima facie disclose the presence of the ingredients constituting the offence under section 92 of the factories act, but so far as the ingredients of the offence under section 304a, i.p.c. ..... factories and boilers, hanumangarh junction, filed a complaint against the potitioner under section 92 of the factories act ..... order dated march 6,1990, passed by the munsif and judicial magistrate, first class, hanumangarh junction, by which the learned magistrate framed the charges against the petitioner under section 304a of the indian penal code, and section 92 of the factories act.2. mr. s.k. ..... section 92 of the indian factories act ..... death of the person in question;(ii) that the accused caused such death; and (iii) such act of the accused was rash and negligent, though it did not amount to 'culpable homicide. .....

Workmen of Ashok Leyland Ltd. and Others Vs. Ashok Leyland Ltd. and or ...

Court : Chennai

Reported in : (1991)IILLJ12Mad

..... 2(1) of the factories act, 1948, the workers of the second respondent - canteen must be considered as workers of the first respondent and, therefore, the first respondent is bound to reinstate the petitioners in their ..... of the factories act, 1948. ..... within two years of the commencement of production, in accordance with statutory obligations under the factories act, the first respondent-company started the second respondent - canteen for the sale of foodstuffs to the workers of the ..... 46 of the factories act, it is not possible to spell out a conclusive theory, without reference to the fact, that there ought to have existed the relationship of employer and employee in all cases. ..... 46 of the factories act, of course enjoins upon the occupier to provide and maintain canteen for the use of the ..... 46 of the factories /act, and it is another thing to say that when the canteen run by a co-operative society, as a separate entity, be-came defunct, the first respondent is bound to provide employment to its ..... in fact, the set of rules adumbrated in the tamil nadu factories rules, 1950 contemplate and provide for running of such canteens; and in particular, rule 70(6) prescribes that the workers of the factory can, by themselves, run the canteen on a co-operative basis and in such a case the running of the canteen will be governed by the law governing co-operative ..... , the supreme court was more concerned with the definition of an 'employee', as found in the bombay industrial disputes act, 1938. .....