Court : Kerala
Reported in : (1967)ILLJ756Ker
..... on the statistical report published by the state government to show that there is no substance in the contention that trichur is a rural area, whereas quilon, feroke and alwaye are industrial centres. ..... 16th february 1965 issued by the 1st respondent under the provisions of section 3(1)(b) of the minimum wages act, 1948 (central act ii of 1948) hereinafter referred to as the act, read with section 5(2) thereof, published in the kerala gazette dated 16-3-1965, and for quashing the ..... , air 1963 sc 806 (809) it is observed:---'....the act undoubtedly confers authority upon the appropriate government to issue notifications fixing and revising rates of minimum wages in respect of diverse industries for the whole or part of the state. ..... p-l notification on the ground that the regional classification has not been made on an intelligent differentia germane to the object of the act for the reason that the committee have fully gone into this question and that they have taken into consideration only the relevant factors for making the ..... counsel submitted that although geographical classification is permissible and is contemplated by the provisions of section 3 of the act, in order to make such a classification, considerations having relation to the object sought to be achieved by the act alone can be taken into account, and the only relevant factor in making the classification is the difference in the cost of living of the workers in the various regions, and not the capacity of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker278
..... that the position is the same in the case of the fee levied by the textiles committee, and that, in so far as the impugned levy is made for rendering services to the textile industry in general and the amount collected is necessary and being actually spent for running a proper establishment to render such services and for rendering the same the levy is a fee and the petitioner is ..... mill-heads; (f) establish laboratories and test houses for the testing of textiles; (g) provide for testing textiles and textile machinery in laboratories and test nouses other than those established under clause (1); (h) collect statistics for any of the abovementioned purposes from- (i) manufacturers of, and dealers in, textiles; (ii) manufacturers of textile machinery; and (iii) such other persons as may be prescribed; (i) advise on all matters relating to ..... (2) without prejudice to the generality of the provisions of sub-section (1), the committee may- (a) undertake, assist and encourage,scientific, technological and economic research in textile industry and textile machinery; (b) promote export of textiles and textile machinery and carry on propaganda for that purpose; (c) establish, adopt or recognise standard specifications for textile for ..... the act conceives of the textile industry as an integrated whole and the textile fund created bv the act is a unitary fund to be utilised for the prosecution and promotion of the objects of the act in relation to the textile industry as a whole without .....
Tag this Judgment!Court : Kerala
Reported in : (1979)ILLJ176Ker
..... on by a corporation like a municipality which is the creature of a statute, and which functions under the limitations imposed by the statute, does it cease to be an industry for this reason the only ground on which one could say that what would amount to the carrying on of an industry if it is done by a private person ceases to be so if the same work is carried on by a local body like a municipality is that in the latter ..... powers conferred by those provisions are special laws governing the service conditions of civil servants and that these special laws exclude the operation of the general provisions indicated in the act, in exercise of the powers conferred by the aforesaid constitutional provisions, the president of india has framed the following rules:(i) the fundamental rules(ii) the supplementary rules(iii) ..... life around us, which is the real danger in deciding questions of this nature, but it also forgets the memorable industrial organization of the nations, not for the production or distribution of material wealth, but for services, national service as the service of organized industry must always be examination of this contention will not only completely dissipate it, but will also serve to throw material ..... tests laid down by us, and is an industry within the meaning of the definition of 'industry' in the act.his lordship observed that even the general administration department is 'industry', his lordship gave reason:every big company ..... capable of registration in statistics. .....
Tag this Judgment!Court : Kerala
Reported in : (1983)ILLJ267Ker
..... of doubts, it is hereby declared that nothing contained in this chapter shall be deemed to affect the provisions of any other law for the time being in force in any state in so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of this chapter.in spite of section 25j it may be possible to exclude ..... of teachers and so on may result in relationship in which there are employers on the one side and the employees on the other but they must be excluded because they do not come within the denotation of the term 'industry'.the court said there that the madras gymkhana club was a members' club, though the activity of the club may be falling in the second part of the definition inasmuch as the work of the club is conducted ..... skilled or unskilled manual, supervisory, technical or clerical work for hire or reward whether the terms of employment be expressed or implied and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such ..... ...such disputes are not simply a claim to , share the material wealth jointly produced and capable of registration in statistics. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker256
..... the writ petitions sought diverse reliefs; and raised before the learned single judge three points :(i) the pulp division is not a 'specified industry' within the meaning of section 2(c) of the act, and no cess can consequently be levied in respect of that division under section 3; (ii) the proceedings of the appellate committee are vitiated by legal bias; and (iii) rule (6) of the water (prevention and control of pollution) cess rules, ..... in the factory, the raw materials employed in the manufacturing process, the products and byproducts and intermediate products that are manufactured, the quantity of water used every day, with sub-classification into domestic, industrial, agriculture and other the hourly maximum and daily maximum quantity of effluents with sub-classifications, the details of taking measurements in relation thereto, are some among those particulars. ..... regarding the crediting of the proceeds of cess to consolidated fund of india and the application thereof (section 8), the powers of entry conferred on officers or authorities of the state government for carrying out the purpose of the act (section 9), provision for interest payable for delay in payment of cess (section 10), the penalty for nonpayment of cess within the specified time (section 11), and the recovery of amount due under the ..... (an indication of such inadequate funding of the state board is seen from the statistics relating to the kerala state board (see 1984 cochin university law review, page 182.)).10 .....
Tag this Judgment!Court : Kerala
Reported in : [1989(59)FLR198]; (1990)ILLJ544Ker
..... the appellant heavily relied on bye-law 11 (5)(c) of the coir board services (classification, control and appeal) bye-laws, 1969, framed by the coir board in exercise of the powers conferred by sub-section (1)(d) of section 27 of the cohi industry act, 1953(act no. ..... indian statistical institute, (1984-i-llj-67) where the supreme court took the view that an administrative authority is bound to adhere to the procedural standards fixed by it to avoid arbitrariness, failing which the action taken by it would be invalid.9. ..... the court, however, held that this did not vitiate thedomestic enquiry and that the enquiry officer, in the circumstances, could not be said to have acted as the prosecutor and the judge. .....
Tag this Judgment!Court : Kerala
Reported in : [1992(65)FLR110]; (1995)IIILLJ703Ker
..... manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such persons who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but ..... supreme court explaining the term 'workman as it stood then held that for an employee in an industry to be a workman under section 2(s) of the industrial disputes act, it is manifest that he must be employed to do skilled or unskilled manual, clerical or technical ..... who are governed by the provisions of the sales promotion employees (conditions of service) act, 1976 would be governed by the provisions of the industrial disputes act and only in respect of such employees a reference could be made by the government. ..... does not include any such person- (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the policeservice or as an officer or otheremployee of a prison; or (iii) who is employed mainly .....
Tag this Judgment!Court : Kerala
Reported in : (1993)IILLJ174Ker
..... first respondent, as per exhibit p-3 award, held that the retrenchment of the second respondent cannot be sustained in view of non-compliance with clauses (a) to (c) of section 25-f of the act the notice issued by the secretary of the petitioner-society dated june 6, 1985, discloses that the governing body of the society decided to abolish the post of storekeeper-cum-clerk-cum-supervisor ..... that the petitioner has not complied with section 25-f of the industrial disputes act when it retrenched the second respondent and so it is not ..... contention of the petitioner that issuance of such notice to the appropriate government is only for statistical purpose and the failure to comply with it will not vitiate the action taken by the petitioner in retrenching the workman cannot be accepted as there is nothing in the section to hold that issuance of such ..... learned counsel for the second respondent pointed out that the said notice does not satisfy the mandatory requirements of section 25-f of the act and so it cannot have any legal validity petitioner's contention is that notice is in substantial compliance with section 25-f and at any rate a hypertechnical approach cannot be adopted ..... of section 25-f makes it beyond any controversy that a workman employed in an industrial undertaking cannot be retrenched by the employer unless the conditions precedent to it are ..... 25-f stipulates conditions for retrenching a workman employed in any industry who has been in continuous service for not less than .....
Tag this Judgment!Court : Kerala
Reported in : 1996(56)ECC113; [1996]221ITR745(Ker)
..... learned counsel for the assessee brought to our notice paragraph 4 of the impugned order of the tribunal in relation to the contention to tax the assessee at concessional rate applicable to the industrial company in regard to which the tribunal has observed that there is no reason to interfere in view of the reasoning in regard thereto in the earlier order dated february 3, 1993. ..... the order dated february 3, 1993, partly allowed the appeal of the revenue for statistical purposes and it was again taken up from file for giving an opportunity to the assessee for participating in the process he was justifiably prevented from attending on the day in which the appeal was heard earlier. ..... question is answered that the assessee carries on the business of centrifuging latex which amounts to manufacturing activity, as discussed by the tribunal, in the impugned order at paragraph 4 as a consequence the direction to tax the assessee at concessional rate applicable to industrial company is a matter of legal consequence because the assessee in spite thereof would continue ..... even though the appeal was disposed of 'for statistical purposes', with regard to the question as to whether the business of centrifugal latex amounts to manufacturing activity was taken by the tribunal in the said order.5. ..... learned counsel then submitted that the tribunal acted beyond the ambit of its judicial powers in relying on the earlier order, stated above, dated february 3, 1993, which was recalled by itself. .....
Tag this Judgment!Court : Kerala
Reported in : [1996]221ITR882(Ker)
..... after examining the process, the tribunal has characterised the question relevant for the purpose of consideration of application of statutory provisions of section 35(1) of the act, being as to whether the scientific research undertaken and carried out by the assessee known as micro propagation could be considered as related to the business of the ..... submitted that the research and development expenditure has been already approved by the department of scientific and industrial research, ministry of science and technology, government of india, up to december 19, 1984.6. ..... the tribunal has also, in support, referred to the statistics of purchase and sale of vegetation plants to find that in the previous year the assessee had purchased 5,000 mother plants for a ..... the revenue has brought this petition before us under section 256(2) of the income-tax act, 1961, for a direction to the income-tax appellate tribunal to refer the following five questions on the preparation of the necessary ..... chemical industries ltd. ..... it was submitted that the deduction is claimed in section 35(1) of the act on account of research and development activity connected with the business activity, but by application of the plant ..... assessee, a company in which public are substantially interested, claimed deduction under section 35(1) of the income-tax act, 1961, for an amount of rs. ..... facts and in the circumstances of the case, the assessee is entitled to claim deduction under section 35(1) of the income-tax act, 1961 ? 2. .....
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