Judgment Search Results Home > Cases Phrase: maternity benefit act 1961 Court: gujarat Page 1 of about 2,085 results (0.026 seconds)

Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...

Court : Gujarat

Reported in : (1971)GLR690; (1972)ILLJ253Guj

..... . 37(3) notwithstanding anything contained in the maternity benefit act, 1961, the provisions of that act shall apply to every establishment as if such establishment were an establishment to which that act has been applied by a notification ..... benefit of the maternity benefit ..... the maternity benefit act ..... maternity benefit ..... industrial premises, while extension of the maternity benefit act under s ..... . 27 in terms provides that for the purpose of determining wages payable to a home-worker during eaves period or for the purpose of payment of maternity benefit to a women home-worker, 'day' shall means any period during which such home-worker was employed, during a period of twenty-four hours commencing at midnight, for ..... government can exempt, subject to the conditions and restrictions laid down, any class of industrial premises from all or any of the provisions of the act or the rule, except that in the case of women employees there shall be no power to exempt from the provisions regarding the annual leave with wages, maternity benefits, creches, wages, rejection of beedi or cigar and night work ..... leave with wages, we have pointed out how the difficulty has been resolved for computing the benefit in the case of leave with wages and maternity benefits for such home-workers ..... the beedi and cigar industry regulating the terms of employment and resulting in better relations by avoidance of industry, and labour disputes in this industry, providing where necessary for the employer's liability, maternity benefits etc .....

F.M. Kolia and anr. Vs. Manager, the Tiles and Pottery Works Ltd. and ...

Court : Gujarat

Reported in : (1981)22GLR528

..... senior factory inspector replied that she was not entitled to maternity leave pay inasmuch as she had attended only for 143 days and, therefore, in view of the provisions contained in section 5(2) of the maternity benefit act, 1961 she was not entitled to maternity leave pay. ..... maternity leave pay as provided by section 5(2) of the maternity benefit act, 1961. ..... that view of the matter it is undisputed that she had completed 160 days and qualified herself for benefit as provided by section 5(2) of the maternity benefit act, 1961.4. ..... applied for her maternity leave pay under the maternity benefit act, 1961. ..... question is required to be resolved by construing section 5(2) of the maternity benefit act, 1961. ..... she has actually worked in establishment of the employer from whom she claims maternity benefit for a period of not less then one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:provided that the qualifying period of one hundred and sixty ..... these circumstances this petition is filed for obtaining the directions to get the maternity leave pay.3. ..... that during twelve months between 13-2-1976 and 13-2-1977 she should have worked at least for a period of 160 days and in as much as she worked for 143 days only, she is not entitled to the benefit. ..... the establishment remains closed 'for any other reason' contemplated by section 2(kkk) of the industrial disputes act, 1947. ..... off' is defined in section 2(kkk) of the industrial disputes act, 1947. .....

Mahila Utkarsh Trust Through Its President and Others Vs. Union of Ind ...

Court : Gujarat

..... the short question which was to be decided by this court was whether having regard to the provisions contained in maternity benefit act, 1961, women engaged on casual basis or on muster roll basis on daily wages and not only those in regular employment were eligible for maternity leave ..... kerala high court in the case of leela v/s state of kerala [supra], it appears from paragraph 19 of the judgment that the division bench was of the view that the provisions of section 66(1) (b) of the act merely recognizes a social reality and that it was calculated to ensure that women shall be able to take care of their families and that their children do not suffer ..... 6: "in the applicant's submission, differences in treatment based on sex were already unacceptable when section 25 of the general child care benefits act was enacted in 1962 ..... . the court while upholding the right of the female workers to get maternity leave relied upon the doctrine of social justice as embodied in universal declaration of human rights act, 1948 and article 11 of the convention on the elimination of all forms of discrimination against women held that the provisions of the same must be read into the ..... . state of pubjab reported in air 1961 sc 1559 dealing with a similar provision of the punjab shops and commercial establishments act, 1958, which put limitation as to hours of work of employees and ..... reported in air 1961 sc 418 in support of his contention that the restriction imposed under section 66(1)(b) of the act is not .....

Dharmendra Dhirajlal Soneji Vs. State of Gujarat

Court : Gujarat

Reported in : (1997)1GLR198

..... acts by the parliament such as (i) the indecent representation of women (prohibition) act, 1986, (ii) the commission of sati (prevention) act, 1987, (iii) andhra pradesh devdashis (prohibition & dedication) act, 1988, (iv) the medical termination of pregnancy act, 1971, (v) the maternity benefits act, 1988, (vi) the national commission for women act, 1990, (vii) dowry prohibition act, 1961 ..... to the abetement of suicide by married women), 113-b (presumption as to dowry-death) and 114-a (presumption as to absence of consent in certain prosecutions for rape) in the indian evidence act, (xi) immoral traffic (prevention) act, 1956 and many others, can be said to be 'be all and end all' of the matter in face of increasing crimes against girls and women which can certainly be attributed to very ..... afflicted with in-built irresistible sex-instinct, outward sex-virus and infatuation, on seeing each other in weak, unguarded moment, unable to control, get sexed and commits some indiscreet act, which of course is highly reprehensible, illegal, and undoubtedly punishable with the sentence of imprisonment, but then should this court also be oblivious to the said conspicuous circumstances and be ..... feel and firmly believe that it is high time that we, as a cultured responsible, accountable members of the society, have to think over and dynamically apply and act to do the needful to save on the one hand the honour and dignity of girls and women and on the other hand future and well being of our .....

Mohmad Ahmed Vali Mohmad Vs. Ranchhoddas Tribhovandas and ors.

Court : Gujarat

Reported in : (1963)4GLR279

..... the question whether the landlord should be prosecuted if he converts the suit property into a maternity hospital is not a question for consideration at this stage and when that question will be considered the provisions of section 6(1) of the act namely in areas specified in schedule i this part shall apply to premises let for residence education business trade or storage will ..... section 13(1)(g) and section 13(1)(hh) read as follows:13 notwithstanding anything contained in this act but subject to the provisions of section is a landlord shall be entitled to recover possession of any premises if the court is satisfied(g) that the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held or where the landlord is a trustee of a public charitable trust that ..... purpose of the trust whereas in the first part of clause (g) the premises must be reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held. ..... for business purposes that would affect the question whether the landlord reasonably or bona fide required the premises for occupation by himself or by any person for whose benefit the premises are held. ..... such intention of the landlord will always be relevant on the question whether landlord reasonably and bona fide required the suit premises for occupation by himself or by any person for whose benefit the premises are held. .....

Kabhai Pahadsing and anr. Vs. Bhupat Lallu (Minor as Heir and Legal Re ...

Court : Gujarat

Reported in : (1966)7GLR421

..... the present case, in my judgment, having regard to the fact that the registrar has not been examined and that we have merely to depend upon a presumption that the acts done by him were all in order and having regard to a number of circumstances which have been mentioned in the judgment of the learned judge himself and on which mr ..... 1, the situation itself was such that, if gemalsing was not acting honestly, there would be a strong temptation on his part to derive some benefit from out of the condition in which, according to plaintiffs, jivi was then ..... , whose duty it is to attend the parties during the registration and see that the proper persons are present, and are competent to act, and are identified to his satisfaction, and all things done before him in his official capacity and verified by his signature will, unless it be shown that a deliberate fraud on him has been successfully committed, be presumed ..... 1, not being the nearest heir, would have to lose the benefit of the properties which he had enjoyed so long, in his capacity as cousin of ..... 1 was the son of a maternal uncle of bai jivi; that defendant ..... but the case is not an authority for the proposition that the act of a registrar is conclusive evidence of the genuineness of a will and is by itself sufficient to dispel doubts which otherwise may arise on a perusal of the evidence relating to ..... the son of a maternal uncle of bai jivi. ..... tends to show that she was removed to no other place than the place of her own maternal uncle. .....

D.S. Patel and Co. Vs. Gujarat State Textile Corporation Ltd. and ors.

Court : Gujarat

Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33

..... of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits.' 21. ..... behalf of the petitioners that, so long as it is not found that the legislature has itself provided some curbs and checks on the action contemplated to be taken by the state government under sections 3 and 4 of the act, it should be held that these sections are vitiated not only on account of excessive delegation in favour of the government but also on account of the situation which enables the state government to resort to arbitrary discrimination at the time ..... laws as may be specified in the notification; (ii) all or any of the agreements, settlements, awards or standing orders made under any of the laws in the schedule to this act, which may be applicable to the undertaking immediately before it was acquired or taken over by the state government or before any loan, guarantee or other financial assistance was provided to it, by, or with the approval of, the state ..... - (a) in relation to any relief undertaking and in respect of the period for which the relief undertaking continues as such under sub-section (2) of section 3 - (i) all or any of the laws in the schedule to this act or any provisions thereof shall not apply and such relief undertaking shall be exempt therefrom, or shall, if so directed by the state government, be applied with such modifications which do not however affect the policy of the said .....

Swaransing Laxmansing Vs. Bombay Garage (Ahmedabad) Ltd., Ahmedabad an ...

Court : Gujarat

Reported in : AIR1962Guj33; (1961)0GLR649

..... that section provides as under:--'no employer ' shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy ..... he has further observed that it was clear from the provisions referred to therein that the bombay industrial relations act and the standing orders had made a distinction between dismissal or discharge from service which may be ordered by the employer for misconduct of the employee and the termination of the contract of employment which may he effected ..... context of the words used in that enactment it was held that the expression 'dismissal' included 'discharge' from service for misconduct, since the passing of the government of india act, 1935, there have been various enactments dealing with questions affecting labour. ..... of 1959 (since reported in : (1961)illj1sc ), shri ambika mills co. ..... (7-2-1961)-- it is next urged that under the terms of the agreement arrived at between the workmen of the first opponent and the first opponent in connection with the payment of gratuity, the expression 'dismissed for dishonesty or .....

Naranbhai Amthalal Panchal Vs. Ramchandra Somnath

Court : Gujarat

Reported in : (1995)1GLR354

..... thus, the firm purchased the property in the name of the appellant which is a benami transaction and in view of the provisions of benami transaction (prohibition) act (45 of 1988) such a transactions is void, and therefore, in support of his submission he has invited my attention to the decision rendered in the case of mitillesh ..... the division bench of the calcutta high court has observed that a reference in the present act clearly means the actual submission of a particular dispute under the provisions of the arbitration agreement to the ..... capacity or mala fide or interest in the subject-matter or reasonable apprehension of the bias, a named and agreed arbitrator cannot and should not be removed in exercise of a discretion vested in the court under section 5 of the act'.that was a case of removal of a named arbitrator under section 5 of the act which gives jurisdiction to the court to revoke the authority of the arbitrator. ..... pratapray harishankar rajyaguru (1988 (2) glr 986), while dealing with section 30 of the arbitration act has held that once a party either before the award is made, acquiesces to arbitration proceedings going on or acquiesces in the award after it is made, cannot challenge the binding nature ..... respondents will be deprived of the benefits of the two judgments in their ..... of the arbitrators is admittedly a maternal cousin of the respondent no. ..... 2 being the maternal cousin of the ..... 2 arbitrator is the maternal cousin of the respondent no. ..... 4 are maternal cousins. .....

Executive Engineer (Stores) and anr. Vs. Harsha M. Jani

Court : Gujarat

Reported in : [2007(115)FLR244]

..... the fact that she was in continuous service for four years and completed 240 days continuous service and her services were terminated by the petitioner when she reported for duty after completion of maternity leave by not permitting her to resume the duty which amounts to termination. ..... on 21.4.1987, on completion of maternity leave, she had gone for resuming duties but she was not taken on job and thereby she has been retrenched ..... he also submitted that from 21st september, 1983 to 20th march, 1984, only 120 days continuous service has been rendered by the workman and, therefore, the labour court has committed gross error in granting benefit in favour of the workman. ..... while exercising powers under article 227 of the constitution of india, this court cannot act as an appellate court. ..... analyzing the above decisions of this court, it is clear that the provisions of the evidence act in terms do not apply to the proceedings under section 10 of the industrial disputes act. ..... analyzing the above decisions of this court, it is clear that the provisions of the evidence act in terms do hot apply to the proceedings under section 10 of the industrial disputes act. ..... act, 1947 and, therefore, is void ab initio.11 ..... act, 1947 and thereafter, considered aspect of back wages, whether the workman is entitled for back wages for interim period or not ..... act, the high court rightly drew an adverse presumption for non-production of the attendance registers and the muster rolls for the years 1991 onwards ..... act, 1947 .....