Judgment Search Results Home > Cases Phrase: karnataka toddy workers welfare fund act 1981 section 14 offences by companies etc Page 1 of about 439 results (0.170 seconds)

The Commonwealth Trust (India) Limited, Calicut, Rep. by Its Executive ...

Court : Kerala

Reported in : 2012(1)KLT356; 2012(1)KLJ255; 2012(1)ILR(Ker)512; 2012(1)KHC268

..... out by the learned government pleader that the sustainability of similar contention with respect to other labour welfare statutes, particularly the toddy workers welfare fund act and the motor workers welfare funds act has already been considered and repelled by this court as per the decision reported in unni mammu ..... and 19(1)(g) was further examined by a division bench of this court, while examining the statutory validity of the toddy workers welfare fund act 1969 and the legislative competence of the state referring to entry 24 of list iii. ..... petitioner is an employer as defined under section 2(f) of the kerala handloom workers welfare fund act. ..... apex court were relied on by a division bench of this court, while considering the constitutional validity of the motor transport workers welfare fund act 1985 and it was categorically held that the challenge raised against the statute, raising a plea that the contribution under the welfare fund act amounts to tax fee was repelled. ..... constitutional validity of sections 4(1) and (3) of the kerala handloom workers welfare fund act, whereby the rate of contribution payable by the worker is enhanced from re.1 to rs.3, whereby the employer has to effect double the amount remitted by the worker. ..... the petitioner is a company, constituted under the relevant provisions of the indian companies act 1956 and it is having two factories, one situated near the head office of the company at calicut and the other one at the beach, ..... of karnataka (air .....

Valsamma Vs. District Collector and Others

Court : Kerala

..... the learned single judge also considered the question as to when the arrears of public revenue due on land falls due as section 9 of the toddy workers' welfare fund act stipulates the mode of recovery of money due from the employers as arrears of public revenue due on land. ..... that was a case in which the supreme court was considering the question whether the purchaser of assets of a concern sold by a state financial corporation under section 29 of the state financial corporations act, 1951 would be liable to pay arrears of sales tax of the concern under the karnataka sales tax act, 1957 and under what circumstances, a charge created on a property becomes unenforceable against transferee of such a property. ..... at the outset, in the advertisement/notice dated 17-3-1992 issued by the corporation, mention is only made of the sale of the defaulting company's assets and there is no indication, whatsoever, of any sales tax arrears. ..... it is alleged that the tax arrears pertains to the assessment year 1981-82 onwards and the transfer of properties by the defaulter was only during the year 1990. ..... similarly, section 26b creates a first charge on the property of the dealer in respect of any amount of tax, penalty, interest etc. ..... by virtue of section 26a, any transfer made during the pendency of any proceedings under the act which includes creation of a charge, transfer of possession by sale, mortgage, gift etc. .....

Thripoonithura Municipality Vs. Ansal Buildwell Ltd. and anr.

Court : Kerala

Reported in : 2008(3)KLJ355

..... that a writ petition under article 226 of the constitution will not be maintenance at the instance of the district executive officers functioning under the kerala motor transport workers welfare fund act, 1985 against the orders of the appellate authority modifying the orders which had been passed by them. ..... purpose of and in reference to the computation of time, as for example, from a state date, that stated date is prima facie excluded from computation.the learned division bench has also observed that section 9 of the general clauses act which provides that it shall be sufficient for the purpose of excluding first in a series of days or any other period of time to use the word 'from' and for the purpose of including ..... issue again in the context of a writ petition filed by the karoor panchayat against the order passed by the statutory appellate authority under section 144 of the panchayat raj act and held that the panchayat cannot assume the role of a party litigant and is not expected to challenge the order. ..... out that the position which obtained prior to the constitution of appellate tribunal was that many of the appeals under the act were heard by the government and orders of the government were accepted by the municipality which had no right to challenge ..... 69 and argued that if the intention of the rule making authority was to include the ground floor it could have been specifically mentioned as is provided in building rules prevailing in states like karnataka and tamil nadu. .....

Sunny Markose Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1996Ker379

..... toddy workers and abkari workers welfare funds ..... has directed the labour commissioner to examine the problem relating to the retrenchment of the workers of these arrack shops and their proper rehabilitation.hence appellant has no scope for any ..... to the central enactment, the industries (development) and regulation) act 45 of 1951, falling within entry 52 of list i of the 7th schedule; nor has the centre, in any case, occupied the field in the absence of a notification under section 18g of that act empowering the authorities to control trade and commerce of alcohol'.10. ..... while chapter vi of the rules deals with special conditions applicable to licensees for the privilege of vending toddy in independent shops, chapters vii and viii independently deal with conditions applicable to vending of arrack and foreign ..... it appears to it to be necessary or expedient for securing the equitable distribution and availability at fair prices of any article or class of articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provision of this act, by notified order, provide for regulating the supply and distribution thereof and trade and commerce therein'.on the basis of the above section, learned counsel submits that alcohol is a controlled industry. ..... section 18g(1) of the act runs as follows :'18g power to control supply, distribution, price, etc ..... state of karnataka, (1995) 1 scc 574 : (1995 ..... kerala, air 1981 sc 1863 : (1981 tax lr ..... air 1981 sc 1829 : (1981 lab ic .....

All India Crochet Lace Exporters Asscociation, Rep. by Its General Sec ...

Court : Andhra Pradesh

Reported in : 2005(2)ALD409; 2005(3)ALT737; (2005)IILLJ781AP

..... labour welfare fund act 1987 it cannot be said that these workers would not fall under the definition of 'workmen' and there is no employer and employee relationship and hence these establishments are to be registered under the act and they are governed by the provisions of the minimum wages act, 1948 and also a.p. ..... or work place whether in the same premises or otherwise, used in connection with such trade or business and such other establishments as the government may, by notification declare to be a shop for the purposes of this act, but does not include a commercial establishment.'16. section 2(23)of the act defines 'wages' as hereunder :'wages means every remuneration, whether by way of salary, allowance, or otherwise expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied ..... v. state 1990(1) llj 227 the question whether the firm of chartered accountants would fall within the meaning of commercial establishment or shop under karnataka shops and commercial establishments act, 1961 had been ..... .4. sri kolvakolanu tulasirao, sri ramakrishna paramahamsa lace company, sitarampuram ..... for all these purposes, the lace exporters maintain an establishment having some skilled workers to do finishing work and also unskilled workers for miscellaneous works of packing, bundling, exporting and accounts, maintenance etc. .....

The Kerala Bar Hotels Association and Anr. Vs. State of Kerala and Ors ...

Court : Supreme Court of India

..... the applicant shall produce from the abkari workers welfare fund inspector, a certificate to the effect that he has remitted before the date of application for license/renewal of license, the arrears of contributions if any payable up to the 31st day of december of the preceding year ..... the existence of a union territory, mahe, within the state of kerala, and boundaries with the states of karnataka and tamil nadu where the sale or consumption of liquor is not prohibited indubitably makes it almost impossible for the state to venture into prohibition ..... the second part, which is a corollary of the first and is based on the last clause of the first section of the fourteenth amendment of the american constitution, enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination of ..... the argument on behalf of the appellants pertaining to impermissibility of sub-classification on the grounds that section 15c of the abkari act creates a composite class of public places is not acceptable to us. ..... the foreign liquor rules were promulgated by virtue of sections 10 and 24 to 29 of the abkari act, relating to the sale of indian made foreign liquor (imfl ..... it was for the state to evolve a policy taking into account the welfare of the people, and the courts have a very narrow and limited scope to intervene in such policy ..... the traditional toddy tapping business will be protected and job security will be ensured for toddy tappers. .....

Otis Elevator Employees' Union S. Reg and Ors. Vs. Union of India (UOi ...

Court : Supreme Court of India

Reported in : JT2003(9)SC50; (2004)ILLJ217SC; 2003(9)SCALE520; (2003)12SCC68; 2004(86)SLJ107(SC); (2004)1UPLBEC921

..... thus they concluded that if the state as a matter of policy considered that the stage to have reached for implementation of a pension scheme which was ambitious goal towards social welfare security measure to be achieved, it is not for the courts to weigh the propriety of the scheme with microscopically examination and determine whether there is any distinction or discrimination to find loopholes to annihilate the same even at the threshold ..... the high courts also noticed that the provident fund scheme when it was initially introduced was only a step towards the ultimate goal of providing a social welfare scheme to protect the workers and the members of their families not only during the period of employment but even after superannuation as also at times of calamities in the family resulting in the loss of bread winner. ..... they adverted to the provisions contained in section 6a of the act, which indicate clearly the objectives and policy of the legislation and the broad basis and outlines as also the core and frame of the pension scheme delineated in section 6a of the act itself and schedule iii to the act and, therefore, that contention deserves to be rejected. ..... such challenge was made in the high courts of madras, kerala and karnataka in a batch of cases. ..... all such data/information was agreed to be supplied and for the sake of convenience it was arranged that ail the work, analysis of data, secretarial etc. ..... 17203/95 etc. .....

M/S. Larsen and Toubro Limited, Bangalore and Another Vs. State of Kar ...

Court : Karnataka

Reported in : ILR1998KAR1897; 1998(4)KarLJ323; (1999)IILLJ532Kant

..... case is concerned with the vires of the notification ka-e-c-lwa 97, dated 11th april, 1997 annexure-a prohibiting the employment of contract labour in the canteen (industrial canteens) in factories employing 250 workers and above in the state of karnataka under section 10 of the contract labour (regulation and abolition) act, 1970 (act 37 of 1970) (hereinafter referred to as 'the act').3. ..... under the scheme of the bill, the provision and maintenance of certain basic welfare amenities for contract labour, like drinking water and first-aid facilities, and in certain cases rest-rooms and canteens, have been made ..... the canteen in the petitioners' factory is being run on the basis of company providing building, furniture, equipments, utensils, crockery, cutlery, electricity, water and fuel free of ..... the contract labour are extended the benefit of employees state insurance and provident fund, earned leave, weekly offs and holidays and other benefits as provided under various ..... act makes it clear the canteens have a standard form of accommodation, furniture etc. ..... karnataka factories rules, 1969 contain provisions for canteen, dining hall, canteen equipments, prices to be charged in canteen, canteen account, canteen managing committee, food stuffs to be served and prices to be charged etc ..... facts which have been brought on record are that in to-day's business the emphasis is to concentrate on core competency areas and contract out jobs to specialised agencies, engineers, contractors, etc. .....

J.K. Industries Ltd. and ors. Vs. Chief Inspector of Factories and Boi ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)125; [1997]88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; [1996]Supp6SCR798

..... company responsible for proper implementation of the provisions of the act, to a great extent ensures that more care is taken for the maintenance of the factory and various safety measures prescribed under the act for the health, welfare and safety of the workers ..... with the provisions of section 101 of the 40 act, this court opined:where an occupier or a manager is charged with an offence he is entitled to make a complaint in his own turn against any person who was the actual offender and on proof of the commission of the offence by such person the ..... section 2(n) of the act is 10 intra-vires the substantive provision of section 2(n) of the act;(4) proviso (ii) to section 2(n) is constitutionally valid and is not ultra-vires articles 14 19(1)(g) and 21 of the constitution of india;(5) the law laid down by the high courts of bombay, orissa, karnataka, calcutta, guwahati and madras is not the correct law and the contrary view expressed by the high courts of allahabad, madhya pradesh, rajasthan and patna is the correct enunciation of law in regard to the ambit and scope of proviso (ii) to section ..... of the companies, appoint professionally qualified men to run the factories and nominate such a person to be the 'occupier' of the factory and make him responsible for proper implementation of the provisions of the act and it would, therefore, be harsh and unreasonable to hold any director of the company, who may be wholly innocent, liable for the contraventions committed under the act etc. .....

In Re Problems And Miseries Of Migrant Labourers

Court : Supreme Court of India

..... to act, 1996, following has been stated on behalf of the state of maharashtra:- in exercise of section 18 of the building and other construction workers (regulation of employment and conditions of service) act, 1996, the state has constituted the maharashtra building and other construction workers welfare board ..... the karnataka building and other construction workers welfare board under the act, 1996 has computerized the registration process and the eligible building and other construction workers are ..... huge deficit in the coverage of the unorganised sector workers in 47 the matter of labour protection and social security measures ensuring the welfare and well-being of workers in the unorganised sector, such as agricultural workers, construction workers, beedi workers, handloom workers, leather workers, etc.2. ..... the responsibility of the states/union territories is not only to referring their policy, measures contemplated, funds allocated but there has to be strict vigilance and supervision as to whether those measures, schemes, benefits reaches ..... of prosecution/complaints under section 51 of disaster management act and other related offences lodged against the migrant labourers who alleged to have violated measures of lockdown by moving on roads during the period of lockdown enforced under disaster management act, 2005.6. ..... dealing with the right of workmen of company had made weighty observations regarding the nature of labour which is put by the workers while working in a company. .....