Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Page 6 of about 19,532 results (0.149 seconds)

The Birla Cotton Spinning and Weaving Mills Ltd., Birla Mills Ltd. Vs. ...

Court : Delhi

Reported in : AIR1970Delhi167; 1970LabIC1108

..... in construing the word 'premises' as used in section 2(m) of the factories act, 1948, the supreme court observed in ardeshir h. ..... the work done in the office of the factory must, thereforee, be said to be connected with the work of the factory and thereforee, the office workers must also be said to be 'employees' under the act. ..... ganpathia pillai : (1961)illj593mad the persons employed in the managing agents office were not doing any work connexted with the work of the factory which was regarded as the actual manufacturing process. ..... they are working either in the administrative office or on other work of the company ooutside the main factory building and sometimes outside the premises of the company enclosed by the compound wall. ..... 44 of 1966 confirms the liberal view of the 'connection' between the manufacturing process carried on in the factory and the work done in the office of the factory. ..... their lordships observed that:'it is probably true that all legislation is a welfare state is enacted with the object of promoting general welfare; but certain types of enactments are more responsive to some urgent social demands and also have more immediate and visible impact on social vices by operating more directly to achieve social reforms. ..... , masons, motor drivers and cleaners, clerks, draughtsmen and main office peons, store-keepers, meter superintendents, meter mechanics, accountants and even the telephone operators. .....

Balwant Rai Saluja and anr Etc.Etc. Vs. Air India Ltd.and ors.

Court : Supreme Court of India

..... delhi state government in exercise of its power under section 46 of the factories act, 1948 framed rules 65 to 70 called delhi factories rules of 1950 (hereinafter referred to as the ..... in the above said case, this court held that the appellant workmen working in the canteens at different offices of lic across the country were like regular employees of the lic as the canteens are run and managed by different entities like canteen committees, cooperative society of the employees and even ..... that the manager of the factory shall submit for the approval of chief inspector of plans and site plan as provided under sub- rule (3) of rule 65 and further that the construction of the canteen building is in accordance with rules 65, 66, 67 and 70 which would clearly go to show that the said canteen is established by air india to discharge its welfare statutory obligation to its workmen/employees as provided under the factories act and rules framed under by ..... to a canteen in a government factory may be audited by its departmental accounts officers. ..... the mere fact that the entire share capital was contributed by the central government and the fact that all its shares were held by the president of india and certain officers of the central government, would not make any difference. ..... the power to remove the directors from office before the expiry of the term is vested with air india, in consultation with the government of india, so also the power to fill up the vacancies caused by death, resignation, .....

State of Karnataka and ors. Vs. Kgsd Canteen Employees Welfare Associa ...

Court : Supreme Court of India

Reported in : AIR2006SC845; 2006(1)CTC414; [2006(109)FLR18]; JT2006(1)SC84; 2006(2)KarLJ1; (2006)ILLJ691SC; RLW2006(2)SC1156; 2006(1)SCALE85; (2006)1SCC567; 2006(2)SLJ129(SC)

..... liability on the part of the respondent therein, to maintain a canteen for their employees, this court observed:what emerges from the statute law and the judicial decisions is as follows:(i) whereas under the provisions of the factories act, it is statutorily obligatory on the employer to provide and maintain canteen for the use of his employees, the canteen becomes a part of the establishment and, therefore, the workers employed in such canteen are the ..... : (1973)iillj130sc where the management was under a statutory obligation in terms of section 46 of the factories act and the rules made thereunder to maintain the canteen for the workers which was being run by a co-operative society wherewith the management had ..... therefore, even assuming that respondent 1 is a specified industry within the meaning of section 46 of the factories act, 1946, this by itself would not lead to the inevitable conclusion that the employees in the canteen are the employees ..... out that the bungalows and gardens on which the malis in that case worked were a kind of amenity supplied by the mills to its officers and on this reasoning the malis were held to be engaged in operation incidentally connected with the main industry carried out by the employer. ..... dpar 5 dsw 2000, bangalore,dated: 27.7.2000keeping in view the interest/welfare of karnataka government secretariat employees, sanction is accorded to handover the management of the karnataka government secretariat canteen to karnataka government secretariat .....

Hind Art Press, Mangalore Vs. E.S.i. Corporation and anr.

Court : Karnataka

Reported in : I(1990)ACC127; [1989(59)FLR778]; ILR1989KAR2001; 1989(2)KarLJ227; (1990)IILLJ195Kant

..... section 51 of the factories act provides that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week and subject to this provision section 54 of the act provides that no adult workman shall be required or allowed to work for more than nine hours a day and this limit could be exceeded only to facilitate change of shifts and with the ..... circumstances when management is permitted to engage the services of a workman overtime in terms of the provisions of the factories act and a workman offers to work overtime that the management may allow him to work overtime on payment of double the rate for the period of overtime work as prescribed under section 59 of the factories act. ..... 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 ..... in these two appeals, presented under sub-section (2) of section 82 of the employees' state insurance act, 1948 ('the act' for short), the following substantial questions of law arise for consideration : '(1) whether on the facts and circumstances of the case, the respondent-employees' state insurance corporation, was justified in imposing .....

The Textile Labour Association, Ahmedabad Vs. the Ahmedabad Mill Owner ...

Court : Gujarat

Reported in : (1974)ILLJ1Guj

..... only two minor changes, one to give some relief in respect of days on which a person is absent on account of injury received during the course of employment and to include in explanation 1(c) of section 79 of the factories act all days of earned leave enjoyed in the previous year.that appears to us to be more logical than including the leave earned in the previous year. ..... is perfectly true, as observed by this court in the earlier award, that the standing orders were framed for operatives in the year 1939 and these provisions were framed before leave provisions were made in the factories act; that as there was no leave provision, paid or unpaid, there was a constant fear amongst workers of losing employment since there was no guarantee of re-employment on return from leave and it was to remedy ..... by the department of labour in 1966 showed that increases in respect of service were applicable to 89 per cent of the workers in the sample of non-office workers and to 95 per cent of those in the sample of office workers (approximately half of the former and most of the latter have a basic holiday of two weeks). ..... 5 days' casual leave and a few days extra privilege leave in addition to that provided for in the indian factories act, 1948, and number of awards and practices prevailing where a few days' casual leave was granted and privilege leave higher than that provided under the indian factories act was granted. 3. ..... been started again not as an economic proposition but as a welfare measure. .....

Heavy Vehicles Factory Employees' Union And Anr. Vs. Union of India An ...

Court : Chennai

..... 11.the learned counsel appearing for the respondents 1 to 4 brought to our notice the office memorandum, dated 12.06.2000, issued by the ministry of labour, wherein it is stated that clause (2) of section 59 of the factories act, 1948 provides that 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 food grains and other articles, as the ..... 7.the learned counsel for the petitioners, in support of the aforesaid contention, have relied on the provisions of sub section 2 of section 59 of the factories act, 1948, which states that 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 food grains and other articles, as ..... under clause (2) of section 59 of the factories act, 1948 and hence, transport allowance should be included in the basic rate of wages for the purpose of computation of over time allowance. 12. .....

Welcomegroup Windsor Manor Sheraton and Towers, Rep. by Its Vice Presi ...

Court : Karnataka

Reported in : [2004(102)FLR369]; ILR2004KAR2231; 2004(4)KarLJ223

..... kasturi, learned senior counsel for the appellant and the government advocate for the respondents.section 6 of the factories act, 1948 empowers the state government to make the rules inter alia requiring registration and licensing of factories or any class or description of factories. ..... laundry and since there was nothing to show that the washing and cleaning of linen of the hotel was being done without collecting separate charges, the laundry was a manufacturing unit within the meaning of section 2(k) of the factories act even when the process employed in the laundry did not result in bringing about a new or altered product for sale, use, transport, delivery etc. ..... section 2(12) of the employees' state insurance act, 1948 defines the term 'factory' as under:''factory' means any premises including the precincts 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 being ..... that is because the meaning assigned to the expression 'manufacturing process' in section 2(k) of the factories act is wide enough to include a simple activity like washing and cleaning without bringing into existence a distinct article or product. ..... , who by his order dated 30.11.2000 dismissed the same holding that the factories act being a piece of welfare legislation brought for the benefit of the workmen had to be given a liberal construction. ..... mehta, income-tax officer and anr. .....

Sahil Guest House Vs. Employees State Insurance Corp.

Court : Rajasthan

Reported in : 2007(1)WLN242

..... found that there was deep freezer in the hotel of appellant, therefore, appellant is engaged in manufacturing process as defined in sub-clause (vi) of clause (k) of section 2 of the factories act whereas according to learned counsel for the respondent the 'hotels' have been excluded from the definition of factory specifically which is clear from the clause (m) of section 2 of factories act, 1948 and, further, submitted that keeping a deep freezer is not and cannot be termed as 'cold storage'. ..... is not covered under the definition of factory as given in sub-section 12 of section 2 of the state insurance act 1948 read with its sub-section (14kk) and sub-clause (k) and (m) of the section 2 of factories act, 1948.7. ..... it is clear from the definition of manufacturing process given in sub-clause (k) of section 2 of the factories act, 1948 that where there is cold storage for the purpose of preserving and storing articles than that is treated to be manufacturing process by deeming statutory definition irrespective of the ..... is hotel and according to respondent employees state insurance corporation since the appellant is falling in the definition of factory as given in section 2(12) of the employees state insurance act, 1948, and engaged in manufacturing process as defined in sub-section (14-aa) of section 2 of the act of 1948 read with sub-clause (k) in section 2 of the factories act, the appellant's unit is though, a hotel is a factually engaged in manufacturing process and therefore is .....

State Vs. Baijnath Balsarai

Court : Gujarat

Reported in : 1962CriLJ417; (1961)GLR717

..... 1948, shall apply to any person employed in or within the precincts of a factory notwithstanding anything contained in the factories act 1948 section 59 of the factories act. ..... 1948, did not apply and the respondent was -entitled, to take overtime work from the workers employed in the factory so long as the workers were paid extra wages for such overtime work in accordance with the provisions of section 59 of the factories act 1948- we fail to see how any such conclusion follows from the provisions of section 70 of the bombay shops and establishments act. ..... , was clearly to confer the benefit of wages for overtime work even on those persons who were not workers within the meaning of the said expression as used in the factories act 1948, and who were, therefore, not entitled to the benefit of the provision for wages for overtime work contained in section 59 of the 1 said act- the factories act. ..... 1948, is a piece of social welfare legislation and has been passed for the purpose of improving the conditions of work and ameliorating the lot of workers working in factories. ..... it is a beneficent piece of legislation intended to advance the welfare of workers and remove evils in the working conditions prevalent in factories. ..... is that of a single judge of the andhra pradesh high court and we do not find in the judgment any discussion of the question whether the principle of mens rea is applicable in the case of contravention of the provisions of a social welfare legislation like the factories act. .....

Union of India (Uoi) and ors. Vs. Satya Brata Chowdhury and ors.

Court : Supreme Court of India

Reported in : 2009(1)SCALE101; 2009(3)SLJ245(SC):2009AIRSCW629

..... in view of the findings of the supreme court that time keepers are `workers' within the meaning of factories act, 1948 for all practical purposes, the authorities of eastern railway are not permitted to treat the time keepers in the manner they have been treating them.the tribunal, on the basis of the said findings, issued ..... appellants themselves have annexed with their affidavit a letter dated 16.6.2006 issued by the assistant personnel officer, eastern railway, jamalpur to chief assistant officer, eastern railway, kolkatta wherein it was stated:as cadre/seniority of time keeping staff is being maintained with general group clerks as such benefit of restructuring has been given to the time keeping staff.the staff posted in time office and working as time keepers are governed under factories act.20. ..... we may also, at this stage, place on record, a letter of the chief personnel officer of the eastern railway dated 13.7.2000 wherein it was stated that no such recruitment rules were framed by the eastern railway administration, stating:would you please connect this railway's letters of even number dated 28.4.2000 ..... extent of the benefit which has been extended to the and clw, chittaranjan (annexure-a/14) w.e.f 1.1.1996 and also the letter of the chief personnel officer (admn) dated 13.7.2000 grades of s.e. ..... if anyone of the time office staff except the petitioners desires to get merged with clerical group of staff on their own volition in writing, there should be no cause for rejection .....