Court : Mumbai
Reported in : [1998(79)FLR865]; (1998)IILLJ981Bom
..... it is not in dispute that the factory of the petitioner is a 'factory' within the meaning of section 2(m) of the factories act, 1948 and is registered as such with the chief inspector of factories, maharashtra. ..... ' sub-section (2) of section 59 of the factories act, 1948, has been enacted by the parliament in order to clearly lay down the manner in which 'ordinary rate of wages' is to be computed for payment of overtime under sub-section (1) of section 59. ..... sub-section (2) of section 59 of the factories act, 1948 defines the expression 'ordinary rate of wages' for calculation of overtime as under :- '(2) for the purpose 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 the ..... one of the duty is of the state is to provide telecommunication service to the general public and an amenity, and so is one essential part of the sovereign functions of the state as a welfare state. ..... the welfare measures partake the character of sovereign function and the traditional duty to maintain law and order is no longer the concept of the state. .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)2CALLT275(HC),[1991(63)FLR807],(1992)IILLJ132Cal
..... principal employer in respect of a factory as defined in section 2(17) of the esi act means the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the factories act, 1948, the person so named.9. ..... an 'occupier' of a factory according to section 2(15) of the esi act is to have the same meaning as assigned to it in the factories act, 1948. ..... this is more so in view of the meaning of the word 'occupier' as defined in section 2(n) of the factories act, 1948, showing thereby me person who has ultimate control over the affairs of the factory. ..... mukherjee, in advancing his argument further, has sought to emphasise with reference to maxwell's interpretation of statutes, that in a case of this nature relating to the application of a beneficial legislation like the esi act, the aim and object should be kept in mind, to give a harmonious interpretation of the different provisions of the act and further that the definition of section 2(17) of this act and section 2(n) of the factories act should be construed liberally so as to fix the responsibility upon the directors for contravention of the provisions of this .....
Tag this Judgment!Court : Mumbai
Reported in : (1972)74BOMLR138; 1972MhLJ353
..... in the case of in re sanjeevaraya setty , in which the learned judge on an interpretation of section 2(m) of the factories act, 1948 held that the words 'ten or more workers are working' are not satisfied unless ten or more workers work together ..... admitted facts are that the appellants are a factory as defined in the factories act, 1948. ..... are registered as a factory under the factories act, 1948. ..... i must point out that this was an interpretation of the first part of the definition in the factories act, namely, the words 'are working' and not of the words 'were working on any day of the preceding twelve months ..... 2,293.76 as their contribution under section 39 of the employees' state insurance act, 1948 (hereinafter for the sake of brevity referred to as 'the said act') with interest from the date of judgment and ..... in the definition in the factories act, there is a comma after the words 'are working ..... first contention taken by the appellants is that they are not a 'factory' within the meaning of section 2(12) of the said act and therefore they are not liable to pay any contribution under section 39 of the said act. ..... appellants contended that the work of the sale of the products of the factory was not the work of the factory and therefore these hawkers were not employees within the definition of the word 'employee' in section 2(9) of the said act. ..... the day there is a shift for pastry work, another one for cleaning of pastry, a third for kneading flour and the fourth for office work. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001ACJ372; 2000(6)ALT62(SC); 2001(1)BLJR316; [2000(87)FLR931]; (2001)ILLJ233SC; RLW2001(3)SC357; 2000(7)SCALE415; 2001(1)LC228(SC)
..... schedule ii of the workmen's compensation act and pointed out that under item 2 of schedule ii a person would be a workman provided he is employed in any premises where a manufacturing process as defined in clause (k) of section 2 of the factories act 1948 was being carried on. ..... the term 'factory' as appearing in clause (m) of section 2 of the factories act 1948 has not been incorporated in the workmen's compensation act. ..... done is that in schedule ii of the workmen's compensation act it is inter alia clarified that persons employed, otherwise than in a clerical capacity, in any premises wherein a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, are workmen. ..... joint reading of all these provisions makes it clear that even for the purposes of the workmen's compensation act only those persons who are employed in a factory within the meaning of the factories act, 1948 would be entitled to make a claim under the workmen's compensation act.7. ..... that for the workmen's compensation act to apply it is not necessary that the workman should be working in a factory as defined in the factories act, 1948. ..... he then referred to section 2(k) and 2(m) of the factories act and submitted that under the factories act the manufacturing process must be in a factory where ten or more workers are working (if the manufacturing process is being carried on with the aid of power) or twenty or more persons are working (if the manufacturing process is being carried on without .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1989)ILLJ569AP
..... section 2(12) of the act says that the expressions 'manufacturing process' and 'power' shall have the meaning respectively assigned to them in the factories act, 1948 ..... if section 2(g) is read with section 2(k) of the factories act, it becomes evident that pumping of water with the aid of electrical energy for washing and cleaning amounts to carrying on 'manufacturing process' with the ..... ' section 2(g) of the factories act defines 'power' to mean 'electrical energy, or any other form of energy which is mechanically transmitted and is not generated ..... section 2(k) of the factories act defines 'manufacturing process' in the following terms : '(i) any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a ..... section (4) of section 1, the act was in the first place, applied to all factories including the factories belonging to the government and other seasonal factories ..... the learned counsel for the respondent, submits that assessment under section 45a of the act has been made and in view of the order of ..... sent to the respondent a communication dated 6th may 1983 stating that the petitioner-factory/establishment is covered by the act with effect from 11th may 1982. ..... of the third labour conference, a scheme was drawn for taking up social security measures in 1942, which culminated in the enactment of the employees' state insurance act, 1948 (for short 'the act'). .....
Tag this Judgment!Court : Delhi
Reported in : (2009)IIILLJ757Del
..... 3647 where it was observed that in cases where there was a statutory liability on the company concerned to run a canteen in the factory, the employees working in the canteen would be covered by the definition of the word 'employee' as per the obligations of an industrial establishment under the factories act, 1948 (hereinafter referred to as the factories act). ..... obligation of an establishment to provide for a canteen under section 46 of the factories act. ..... simultaneously noted that these appellants were no more working with respondents 1 & 2 as their services had been terminated and thus they could raise an industrial dispute in terms of section 2(k) of the id act which would be liable to be referred under section 10 of the id act to the industrial tribunal if the termination of the appellants was illegal and unjustified. ..... : (2001) 7 scc 1 to contend that the parliament never intended absorption of contract labour on issuance of abolition notification under section 10(1) of the contract labour act as also for the proposition that such matters are to be decided by the industrial adjudicator as it required an inquiry into disputed questions of fact which cannot be conveniently decided by the high court in exercise of jurisdiction ..... termination is illegal and invalid, their retrenchment was in violation of the provisions of section 25-b of the industrial disputes act, 1947 (hereinafter referred to as the id act) and that they have put in continuous service ranging from 6 to 15 years. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD(Cri)820
..... factories act, 1948 ..... herein alleging inter alia that the petitioners contravened certain provisions of the factories act, whereby rendered themselves punishable under section 92 of the factories act. ..... section 106 of a.p.factories act reads as follows:limitation of prosecutions: no court shall take cognizance of any offence punishable under this act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an inspector:provided that where the offence ..... within the period of limitation, the court should not register the case but give an opportunity to the person or to the police officer who filed the complaint or charge sheet, as the case may be, to satisfy on the question of limitation for purposes of condonation ..... the offence is alleged to have been committed.explanation:- for the purposes of this section, ----(a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;(b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time ..... the state held that the relevant date for limitation as stipulated under section 468 and 473 of code of criminal procedure is the date on which complaint/charge-sheet is filed in court and not the date on which the cognizance of offence is .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(2)JCR334(Jhr)]
..... the facts and circumstances of the case, i find that the prosecution has not disputed that the occurrence/accident took place within the factory premises of golbana engineering department, a factory defined under section 2(m)(i) of the factories act, 1948. ..... under- section 304-a, indian penal code (general law) and under section 92 of the factories act, 1948 the sentence prescribed to the convict is similar but with additional fine to the ..... submitted that the information regarding the accident in which mukesh singh sustained severe burn injuries was immediately given to inspector of factories on 26.9.2005 and subsequently the inspector of factories filed a complaint for the offence punishable under section 92 of the factories act in the court of the cjm, jamshedpur and as such cognizance of the offence was taken in c/2 case no ..... 5211/05 under special law (factories act, 1948) the continuation of the criminal prosecution against the petitioners for the offence prescribed in the general law of indian penal ..... finally learned counsel submitted that when already case has been filed under the factories act and the same is pending the continuation of the present proceeding in the penal sections of the ipc would cause miscarriage of justice and therefore, the entire criminal proceeding against the petitioners including the order impugned dated 2.2.2006 by the cjm, jamshedpur taking the cognizance of the ..... 1948 for the alleged contravention of sections 32(a) and 33(i) of the factories act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)1CALLT31(SC); 1997(3)CTC354; JT1997(9)SC54; (1998)ILLJ274SC; (1998)IIMLJ33(SC); 1998(1)MPLJ12; 1997(6)SCALE652; (1998)1SCC86; [1997]Supp5SCR57
..... the term 'occupier' of the factory is concerned it is defined by section 2 sub-section (15) of the act to have the meaning assigned to it in the factories act, 1948. ..... includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the factories act, 1948, the person so named;'(ii) in any establishment under the control of any department of any government in india, the authority appointed by such government in this behalf or where no authority is so appointed the head of the department; (iii ..... the case of the respondent that shri dhanwati had been named an occupier of the factory under the factories act, 1948. ..... , be said as assumed by the high court in the impugned judgment that shri dhanwati being appointed as a managing director could be said to be principal employer within the meaning of section 2 sub-section (17) of the act as he could be said to be occupier within the meaning of section 2(15) of the act read with section 2(n) of the factories act. ..... of the board of directors says that an officer or employee, other than one of the directors, shall have the 'ultimate' control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company, to one of its employees or officers, except where there is a complete transfer of the control of the affairs of the factory. .....
Tag this Judgment!Court : Mumbai
Reported in : [1971]80ITR244(Bom)
..... in the books of accounts for the accounting year 1949, in respect of leave wages payable in the next ensuing year to its employees under sections 79 and 80 of the factories act, 1948. ..... , being the amount of leave wages ascertained in accordance with the provisions of sections 79 and 80 of the factories act, 1948 ?' 2. ..... madhya pradesh high court in that connection referred to the provisions in section 79 of the factories act and pointed out that under section 79 every worker who had worked for a period of 240 days or more in a factory during a calendar year was allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate specified in sub-section (1) thereof. ..... , for payments it may have to make to its workers in the next year of account of holiday wages under section 79 of the factories act. ..... is only when the claim to profit bonus, if made, is settled amicably or by industrial adjudication that a liability is incurred by the employer, who follows the mercantile system of accounting, within section 10(2)(x), read with section 10(5) of the act'. 6. ..... and 3 relating to these two accounts are as follows : '(1) whether, in the computation of the assessee's business income of the accounting year 1949, its claim for deduction under section 10(2)(xv) of the act of the sum of rs. ..... so, any sum set of his workers going on leave the next year cannot be regarded as a permissible expenditure under section 10(2)(xv) of the indian income-tax act, 1922'. 11. .....
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