Judgment Search Results Home > Cases Phrase: maternity benefit act 1961 Court: karnataka Page 1 of about 8,180 results (0.053 seconds)

M/S. Bagi Beedi Factory, Hubli Vs. the Appellate Authority Under the P ...

Court : Karnataka

Reported in : 1998(1)KarLJ304

..... sri somasekhar, learned counsel for the petitioner, refers to sections 28, 37, 38 and 39 of the beedi act by which, respectively, payment of wages act, 1936, industrial employment (standing orders) act, 1946, maternity benefit act, 1961, factories act, 1948 and industrial disputes act, 1947, were specifically made applicable to the beedi and cigar workers. ..... that was because, even though he was not working in the establishment of the petitioner, he was nevertheless brought within the provisions of the said definition by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act, employees of his nature having been brought thereunder in the peculiar circumstances as 'home workers', they being those who would get raw materials from the employer, take the said raw materials to their homes ..... it is true, the supreme court, in the said decision, laid emphasis on this aspect of the definition of 'employee' under section 2(o) of the provident funds act, namely, the said definition covering not only the employees working in the establishment, but also those working in connection with the work of the establishment. ..... learned counsel for the petitioner, sri somasekhar, submits that the definition of establishment under the beedi act cannot be imported for the purpose of interpreting the provisions of the gratuity act since, under the gratuity act, 'establishment' is not defined, and, in this regard, he refers to a decision of the supreme court in union of india and others v r.c. .....

Chandrasekharasharma Vs. C. Krishnaiah Chetty

Court : Karnataka

..... act, 1947, minimum wages act, 1948, maternity benefit act, 1961, payment of bonus act ..... 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 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 police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed ..... 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 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 police service or as an officer or other employee of aprison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being employed ..... (1961) 2 llj 94 and the statement and object of reasons reflects that it covers only pharmaceutical industry and the central government is empowered to bring any other establishment within the purview of the act by issuance of notification in the official gazette by specifying the industry and admittedly such notification has not been issued to the industry in question and as such the said act .....

Anant Awadhani Vs. Presiding Officer, Labour Court, Gulbarga and Anoth ...

Court : Karnataka

Reported in : [2001(89)FLR284]; ILR2001KAR653; 2001(1)KarLJ43; (2001)IILLJ1618Kant

..... adyanthaya v sandoz (india) limited and others, at para 29 has held as follows:'section 6 of that act made the workmen's compensation act, 1923, industrial disputes act, 1947 (the id act), minimum wages act, 1948, maternity benefit act, 1961, payment of bonus act, 1965 and payment of gratuity act, 1972, applicable forthwith to the medical representatives. ..... for the time being, applicable to the medical representatives stated as follows:'(2) the provisions of the industrial disputes act, 1947 (14 of 1947), as in force for the time being, shall to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that act and for the purposes of any proceeding under that act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged ..... following the observation of the supreme court, the people who come under the category of sales promotion employees are at liberty to move the labour court under the industrial disputes act.4. .....

Smt. C. Vidya Murthy Vs. Bangalore Metro Rail Corporation Ltd.

Court : Karnataka

..... that, respondent is not notified under section 2 of the maternity benefits act 1961 (for short the act) and hence, the provisions of the act are not applicable to it. 4. ..... shall be complied with by the municipal corporation of delhi by approaching the state government as also the central government for issuing necessary notification under the proviso to sub-section (1) of section 2 of the maternity benefit act, 1961, if it has not already been issued. ..... above, have to be read into the contract of service between the municipal corporation of delhi and the women employees (muster roll); and so read these employees immediately become entitled to all the benefits conceived under the maternity benefit act, 1961. ..... the order dated 20.2.2009, (annexure-k) issued by the respondent corporation after declaring the same as irregular, unlawful, arbitrary, malafide, capricious, discriminatory and void-ab-initio as being opposed to the provisions of the maternity benefit act/central civil services (leave) rules 1972 and as being violative of articles 14, 16(1) and 42 of the constitution of india) 1. ..... that in the absence of any term of appointment or rules and regulations regulating the subject matter of maternity benefits to a woman employee, the provisions of the act will automatically apply as a matter of public policy, the enactment being a social welfare legislation enacted by the parliament in pursuance of article 42 of the constitution of india and as per the ilo conventions, ratified by .....

Smt. Baligar Chandbi W/o Baligar Khaja Mainuddin Vs. The State Of Karn ...

Court : Karnataka Dharwad

..... the petitioner being entitled to receive her salary and also the statutory benefits as provided under the provisions of the maternity benefit act, 1961 (for short the act, 1961 ) is before this court seeking relief as sought for in the petition.3 ..... by the respondent - authorities to the said post in accordance with law; (iii) the petitioner will also be entitled to back wages and respondent nos.2 to 5 shall also ensure payment of the same along with all the benefits as contemplated under the maternity benefit act, 1961 as amended from time to time for the period as permitted thereunder; - 52 - nc:2024. ..... claim for redressal of grievance of the employees with regard to breach of their statutory rights to avail the maternity benefit under the act, 1961, is no more res integra, in view of the decisions of the apex court in the case of corporation of delhi vs ..... (1) subject to the provisions of this act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any ..... (c) that, the official memorandum produced at annexure-c in page no.24 of the writ petition purportedly extending the benefit of the act, 1961 is not applicable to the case of the petitioner, as the petitioner is not a government employee and an employee working directly under the respondents .....

B S Rajeshwari Vs. State Of Karnataka

Court : Karnataka

..... the very issue as to whether a contract employee is entitled to maternity leave under the maternity benefit act, 1961 came up for consideration before the apex court in the case of municipal corporation of delhi vs. ..... 32 the maternity benefit (amendment) act, 2017 no.6 of 2017 27thmarch, 2017 an act further to amend the maternity benefit act, 1961. ..... (emphasis supplied) the apex court was considering the maternity benefit act, 1961, which has now undergone certain amendments, that which are germane for the case at hand are extracted hereunder for the purpose for ready reference. ..... maternity benefit act p g z g a n g 1961 p z 1961 v 2017g crai p 2g applicability of the act) ( crai a / p g g /p u g ju w g e s c g ai i z j wai p z v q v p ar g g v cx g u w u s c ju w g e s p g z p ai ai ai c p g v z . ..... in the maternity benefit act, 1961 (hereinafter referred to as the principal act), in section 3 after clause (b), the following clause shall be inserted, namely:- 33 (ba) commissioning mother means a biological mother who uses her egg to create an embryo implanted in any other woman . ..... section 2 of the maternity benefit act, 1961 deals with the applicability of the act. ..... parliament has already made the maternity benefit act, 1961. .....

jennifer.A Vs. Esic College of Nursing

Court : Karnataka

..... some of the legislations which promoted the objectives of this article are workmen s compensation act, 1923, employees state insurance act, 1948, minimum wages act, 1948, maternity benefit act, 1961, payment of bonus act, 1965 34 and like. ..... an obligation on the state to make effective provision for securing the right to work and education and article 42 mandates the state should provide securing just and humane conditions of work and maternity relief and the objectives of these provisions is 17 to facilitate maternity benefits to women, who are in service or pursuing education and the action of first respondent - college in not providing opportunity to petitioner to make up her shortage of attendance, which was due to her pregnancy, is violative ..... presiding officer, labour court, coimbatore reported in (1977) 4 scc384while examining the claim for computation of maternity benefit for the entire period of women workers actual absence i.e. ..... petitioner s absence from attending classes or course on account of she having conceived (pregnant) and during the period of pregnancy, whether she is entitled to the benefit of maternity relief as per the mandate of article 42 of the constitution though it is under the directive principles of state policy, which is not enforceable in the court of law, nevertheless for determining the legal efficacy of action complained can be looked .....

M/S. Century Central Vs. State of Karnataka, Urban Development Departm ...

Court : Karnataka

..... the context otherwise requires, - (ia) "applicable acts" means the factories act, 1948, the boiiers act, 1923, the contract labour (regulation ana abolition) act, 1970, the employees state insurance act, 1948v the minimum wages act, 1948, the payment of bonus act, 1965, the payment of wages act, 1936,, the maternity benefit act, 1961, gratuity act, 1972, the equal remuneration act, 1976 and the karnataka shops and commercial establishments act, 1961; (ii) "authority" includes a local authority or any statutory board, corporation or other authority ..... "applicable acts' means factories act, 1948, boilers act, 1923, contract labour (regulation and abolition) act, 1970, employees state insurance act, 1948, minimum wages act, 1948, payment of bonus act, 1965, payment of wages act, 1936, maternity benefit act, 1961, gratuity act, 1972, equal remuneration act, 1976 and karnataka shops and commercial establishments act, 1961. ..... thus, the definition of industrial undertaking under the act cannot have an expansive meaning, as contended by the learned counsel for the respondents the legislative intention is to extend the benefit of the act only to certain kinds of industrial undertakings, which are specified by the state government. ..... that a piece of residential land belonging to the appellant could not have been legally acquired for an industrial purpose under the provisions of the kiad act for the benefit of fifth respondent-trust. .....

Smt. Satya Srinath Vs. Syndicate Bank, Rep. by Its Assistant General M ...

Court : Karnataka

Reported in : ILR2003KAR2605

..... presiding officer, labour court, : (1978)illj29sc the supreme court applied the beneficient rule of construction in construing section 5 of the maternity benefit act, 1961, which makes the employer liable for the payment of maternity benefit to a woman worker at the rate of the average daily wage for 'the period of her actual absence immediately preceding and including the day of ..... whether in calculating the maternity benefit for the period covered ..... the apex court in holding that sundays must also be included, applied the beneficial rule of construction in favour of the woman worker and observed that the benefit conferred by the act read in the light of the article 42 of the constitution was intended to enable the woman worker not only to subsist but also to make of her dissipated energy, nurse ..... laid down by the supreme court while interpreting pensionary regulations and labour statutes - learned counsel also contended that the cessation of service under clause 17(a) of the v bipartite settlement cannot be regarded as an act of resignation by the employee in as much as that cessation of the services was brought about by the bank's management by its order dated 30.12.1993, in which the management rejected the explanation offered by ..... of the employees' state insurance act, 1948, the supreme court held that the words of the section, 'no employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit etc. .....

Bagi Beedi Factory, Hubli Vs. the Appellate Authority Under the Paymen ...

Court : Karnataka

Reported in : ILR1997KAR2896

..... sri somasekhar, learned counsel for the petitioner, refers to sections 28, 37, 38 and 39 of the beedi act by which respectively, payment of wages act, 1936, industrial employment (standing orders) act, 1946, maternity benefit act, 1961, factories act, 1948 and industrial disputes act, 1947, were specifically made applicable to the beedi and cigar workers. ..... that was because, even though he was not working in the establishment of the petitioner, he was nevertheless brought within the provisions of the said definition by virtue of sub-clause (i) of clause (f) of section 2 of the beedi act, employees of his nature having been brought thereunder in the peculiar circumstances as 'home workers', they being those who would get raw materials from the employer, take the said raw materials to their homes ..... it is true, the supreme court, in the said decision, laid emphasis on this aspect of the definition of 'employees' under section 2(f) of the provident funds act, namely, the said definition covering not only the employees working in the establishment, but also those working in connection with the work of the establishment. ..... learned counsel for the petitioner, sri somasekhar, submits that the definition of establishment under the beedi act cannot be imported for the purpose of interpreting the provisions of the gratuity act since, under the gratuity act, 'establishment' is not defined, and, in this regard, he refers to a decision of the supreme court in union of india and others v. r. c. .....