Judgment Search Results Home > Cases Phrase: maternity benefit act 1961 Court: jharkhand Page 6 of about 123 results (0.070 seconds)

Tata Motors Limited Through Its Authorized Signatory Dgm Legal Service ...

Court : Jharkhand

..... (f) of section 2 of the epf & mp act, 1952, which is quoted herein below: (f)) ..... act on the appellant with respect to convoy drivers, which was dismissed vide order dated 12.03.2014 holding there was no bar in proceeding under section 7a (2) of the act ..... act, 1952 is not maintainable against the petitioner-company in the absence of or without there being any notification by the central government under section 1(3)(b) of the efp & mp act ..... act ..... act ..... act claiming that they are workmen employed by telco and are entitled to all the benefits ..... act ..... act calling upon it to make contributions under the act ..... act ..... act ..... act ..... act ..... act ..... act and of the employees under the provident funds act, keeping in view the parameters and scope of two definitions. ..... act ..... act ..... acts ..... act, 1947 is totally different with the objective of employees provident funds & miscellaneous provisions act, 1952 and accordingly, definition of employee under these two act ..... act ..... act as a court of appeal and reach its own conclusions.27. ..... act ..... act ..... act calling upon him to make contributions under the act in respect of convoy drivers. ..... act ..... act as such there is no applicability of e.p.f act ..... act ..... acts ..... act, section 7-d was brought on the statute-book by the legislature and a statutory remedy of appeal before the appellate tribunal was made available for challenging the order under section 7-a of the act ..... act, 1952 on 25.10.1994 and passed an order dated 23.06.1997 holding that the convoy drivers are the employees of the company within the meaning of section 2 (f) of the act .....

Commissioner of Income Tax and ors. Vs. Agricultural Produce Market Co ...

Court : Jharkhand

Reported in : [2009(1)JCR247(Jhr)]

..... by the respondent- agricultural produce market committee of different districts of the state of jharkhand have been allowed and it was held that the respondent is entitled to get registration under section 12aa of the income tax act, 1961 (herein after referred to as the said act') and issued necessary directions to the income tax commissioner to grant registration to the respondent-market committee under section 12aa of the said ..... in all these appeals filed under section 260a of the income tax act, 1961, common questions of law and facts are involved and, therefore, they have been heard together and are disposed of by this common ..... commissioner further held that the market committee cannot be treated as a trust within the meaning of the income tax act, 1961 and, therefore, they are not entitled to exemption under section 10(20) of the said act.6. ..... it to say that the provisions of the market act particularly section 6, section 9, section 27 and section 30 led to a conclusion that the market committee is entitled to get the benefit provided under section 12a of the said act. ..... the tribunal has referred and quoted in detail all the relevant provisions of the bihar agricultural produce market act, vis-a-vis income tax act, we did not quote those provisions. ..... income tax, then there is no reason why the respondent-market committee may not be granted registration when the provisions of law are applicable to all the market committees constituted under the agricultural produce market act.8. .....

Their Workmen Sri Bhola Singh Vs. Employees in Relation to the Managem ...

Court : Jharkhand

..... under the aforesaid facts, the learned tribunal has rightly held that the petitioner was offered to undergo post diploma practical training (mining) under the apprenticeship act, 1961 for a period of one year and therefore there has been no employer-employee relationship between the petitioner and the respondent-management and as such the question of retrenchment of the petitioner does not arise and, ..... filed on behalf of m/s b.c.c.l during industrial adjudication, submits that as a matter of fact, there is absolutely no employer- employee relationship between the management of basudeopur colliery and so called workman bhola singh (the petitioner), therefore, no provision of the said act is attracted and hence, the reference itself was bad in law and not maintainable. ..... more than a year, which is undoubtedly covered by the provisions of section 25f of the said act, non-compliance of which entitles the petitioner for reinstatement in the service in basudeopur colliery of m/s bccl.5. ..... it is further submitted that the provisions of section 25f of the said act is not applicable in this case, as the petitioner worked in the concerned colliery as a trainee and he was not an employee of the respondent. ..... w-3 is also a certificate of practical experience issued on 27.05.1993 under the coal mines regulations, 1957, which cannot be said to be a letter of appointment/employment, so as to make the petitioner entitled to seek the benefits of section 25 of the said act. .....

Shushila Devi Khandelwal and ors. Vs. Santulal Khandelwal and anr.

Court : Jharkhand

Reported in : [2004(4)JCR592(Jhr)]

..... up-the real case of the plaintiff then is that there has been no partition by metes and bounds and in the alleged memo of partition dated 31.3.1982 is a family arrangement prepared under coercion, fraud not having been acted upon, by which the plaintiff has been allotted much less share than that to which he is entitled to and to deprive the plaintiff of his legitimate share in the properties described schedule 'a' and 'b'3. ..... in paragraph 60, himself said that the partition that had taken place on 19.2.1977 was not acted upon, nor he did know whether any income-tax returns was tiled in the context of that partition. ..... he is running that as lalit gularu factory, right from the year 1961 and he submits his income tax returns in respect of that, besides this plaintiff has got a number of land in the name of his wife. ..... this defendant would have been benefited if all those properties would have been taken into account. ..... the further case of the plaintiff is that that document was not acted upon because the portion marked as *c* in the map accompanying the document was to remain joint in the hands of the plaintiff and the defendant no. ..... for the purpose of section 171 of the incometax act, something more is required than what is required for a partition under the pure hindu law and a clear finding has to be given that there is partial or total physical partition. ..... c and thus, the claim of the plaintiff that despite that, that has not been acted upon gets support. .....

Central Coalfields Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : (2007)6VST614(Jharkh)

..... ordinance, 2001 (jharkhand ordinance 02 of 2002), constitutes reasonable restriction, we are of the view that the entry tax imposed by bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993, as adopted by the state of jharkhand and amended by jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 (jharkhand ordinance 02 of 2002), is ..... view of the findings, as recorded above, we hold that the state-respondent can not enforce the provisions of bihar taxes on entry of goods into local areas for consumption, use or sale thereof act, 1993, as adopted by the state of jharkhand and amended vide jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001, nor can enforce ..... state of jharkhand and amended vide jharkhand entry tax (amendment) ordinance, 2001, held that the provisions of the bihar taxes on entry of goods into local areas for consumption, use or sate thereof act, 1993, as adopted by the state of jharkhand vide notification dated 15th december, 2000 and amended vide jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ..... a tax, even if there is any benefit, the same is incidental to the government ..... state of assam, reported in : [1961]1scr809 , wherein, it was held that taxing laws are not excluded from the operation of article 301, which means that tax laws can and do amount restrictions .....

Rohit Das and anr. Vs. State of Bihar (Now Jharkhand)

Court : Jharkhand

Reported in : 2005CriLJ4; I(2005)DMC420

..... enacted with some policy to curb and alleviate some public evil rampant in society and effectuate a definite public purpose or benefit positively requires to be interpreted with certain element of realism too and not merely pedantically or hyper-technically. ..... proved strictly and the standard of evidence to prove the marriage for this section would be either in accordance with the provision of personal law to which the parties belong or by the conduct under section 50 of the evidence act and mere living together and having physical relationship does not constitute a marriage. ..... expression 'soon before' is very relevant where section 113b of the evidence act and section 304b of the indian penal code are pressed into service. ..... for drawing the presumption as mandated under section 113b of the evidence act in this case regarding the death of the deceased it has to be proved by legal evidence on the record that the death of the deceased has occurred within seven years of her marriage and she was subjected by ..... 1 bhim das is the maternal uncle of the deceased. ..... 1 bhim das, her maternal uncle after staying there for four or six days and said bhim das requested and persuaded the appellants and other co-accused persons for not treating her with cruelty but he was ..... 1, who is the maternal uncle of the deceased ..... then the purpose t'ot which sections 498a and 304b, ipc and section 113b of the indian evidence act 1872 (for short the 'evidence act') were introduced cannot be lost sight of. .....

State of Bihar Vs. Surendra Singh Rautela Alias Bengali

Court : Jharkhand

Reported in : 2001(49)BLJR78; 2001CriLJ1650

..... likewise, if others involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under section 302 read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely infidelity pushed the criminal into the ..... at that time some police personnel came there and took the informant and his maternal uncle in injured condition to the rajendra medical college hospital and there the doctor has declared dhananjay singh ..... turned the car towards left side for saving them and stopped it near traffic post and then informant saw that he had received bullet injuries on his chest and hand and his maternal uncle had received bullet injuries on the right side of his chest. ..... car was being driven by the informant ranjan singh and his maternal uncle dhananjay singh was sitting beside him and in the back seat his personal body-guards shyam bihari singh and karu singh were ..... the informant ranjan singh alongwith his maternal uncle dhananjay singh and their body-guard shyam bihari singh and karu singh were going to their site on his maruti car bearing ..... times but the informant refused to give rangdari and out of that reason surendra singh bengali and his associates fired at the informant and others causing injuries to them and the death of his maternal uncle dhananjay singh. 4. .....

Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.

Court : Jharkhand

Reported in : [2006(111)FLR1140]; [2008(1)JCR280(Jhr)]; (2007)IILLJ37Jhar

..... considering the facts and circumstances of the case, rival contention of the parties as well as the impugned order, i find that since the petitioner was being extended the benefits of exemption under section 87 of the act right since 1982 to 1996 and now the said benefit was being withdrawn/cancelled by the state government and therefore, it was incumbent upon the respondents including the state of bihar to comply the principles of natural justice by issue ..... employees state insurance act, 1948, a central act, was enacted for providing certain benefits to the employees in case of sickness, maternity and employment injuries and for certain other matters in ..... (operations) of tisco that since there was no intention of the government to apply the provisions of the employees state insurance act to the units of petitioner company and as such, the employees state insurance corporation, vide letter dated 02.08.1982 has advised the government of bihar to grant exemption from operation of the provisions of the act to the units of the tisco located in the area of adityapur up to 30.09.1984 and the corporation was also advised to ..... of the state now it is state of jharkhand which has to consider the request of the petitioner for exemption under section 87 of the employees' state insurance act and therefore, i direct that for grant of exemption under section 87 of the act for the period 01.10.1996 to 30.09.1997 and 01.10.1997 to 30.09.1998 shall also be considered by the state of jharkhand. .....

Ranchi University Grade-iv Staff Association and anr. Vs. State of Jha ...

Court : Jharkhand

Reported in : 2005(1)BLJR248; [2005(105)FLR244]; [2005(1)JCR479(Jhr)]

..... in the case of teaching/non-teaching employees of the universities/ constituent colleges, even if a person was appointed while he was a minor and thereby any provision of the indian majority act 1875 and child labour (prohibition regulation) act, 1986 was violated, for that the employee can not be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of ..... though such a decision was taken, no amendment appears to have been made in the bihar state universities act, 1976, prescribing a minimum age of 18 years for appointment of teaching/non-teaching employees in the services of the universities/constituent ..... deals with the age of superannuation of teaching and non-teaching employees of the universities/constituent colleges, continued to remain almost same, though sub-clause (a) of section 67, was amended vide jharkhand state universities (amendment) act, 2000 (act 6 of 2003) with effect from 6th may, 2003, relevant portion of which reads as follows :'67. ..... dated 19th february, 2004, stand re-instated with all consequential benefits, such as, arrears of salary etc. ..... (part-1) 1961, patna dated 12th november, 1999 it appears that the state of bihar for the first time decided to prescribe a minimum age of 18 years for appointment of teaching/non-teaching employees in the universities/constituent colleges and thereby, ordered to make necessary amendment in the bihar state universities act, 1976. .....

Project Officer, Giddi a Colliery Ccl Vs. Sanjay Prasad Chaurasiya and ...

Court : Jharkhand

Reported in : I(2005)ACC346; 2005ACJ418; [2004(4)JCR417(Jhr)]; (2005)ILLJ891Jhar

..... it has become in the evidence of the applicant that applicant was brought up by his maternal uncle and when he attended the age of majority, filed the instant case along with a condonation petition which was already been condoned ..... there was sufficient cause for not giving notice in proper time and not filing claim within time is one of law on which this court can interfere in appeal under section 30 of the said act, it is well settled that condonation on the ground only on ignorance of law of limitation can be interfered with by the high court. ..... the claimant's further case was that he was brought by his maternal uncle and when he became major gave a notice to the opposite party for payment of compensation on account of accidental death of ..... for a son in the womb is in point of law m existence.section 20 of the hindu succession act reads as under;a child who was in the womb at the lime of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had ..... circumstances also the claimant will not even be entitled to the benefit of sections 6, 7 and 8 of the limitation act. ..... claimant was brought up by his maternal uncle. ..... to the compensation payable by the employer in the workmen's compensation act vest in his dependent or dependents actually existing at the time of his death and if such dependents before any claim such compensation is made or investigated the right passes to his heirs or legal representatives as they .....