Court : Mumbai
Reported in : [1971(21)FLR101]; (1970)IILLJ336Bom
..... the act was enacted 'to provide for certain benefits to employees in case of sickness, maternity and ..... sections 46 to 73 deal with the various benefits available under the act to insured persons and with other connected matters ..... court shall not direct the payment of any benefit to a person unless he has made a claim (to the corporation) for such benefit within twelve months after the claim became due and in accordance with the regulations made (by the corporation) in ..... 137 was not applicable because the labour court is not a 'court' within the limitation act, 1963, and then went on to say : 'it is not necessary to express our views on the first ground given by this court in town municipal council, ..... in deciding matters which come before it for decision, it has to apply the provisions of the act and has no power, nor can have any occasion, to administer the ordinary substantive law of ..... defines an 'insured person' as 'a person who is or was an employee in respect whom contributions are or were payable under this act and who is, by reason thereof, entitled to any of the benefits provided by this act. ..... court is a 'court' in the strict sense, the relevant provisions of the act (as it stood before it amendment in 1966 by act xliv of 1966) must now be examined in the light of the above tests ..... 's case the question was whether a commissioner appointed under the public servants (inquiries) act, 1850, was a 'court' within the meaning of the contempt of courts act wherein that term was not defined. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom413; (1970)72BOMLR320; 1970MhLJ780
..... was not a 'court' and and observed:'we are also of the same opinion, apart from the considerations which weighed with the court in that case, we have also the provisions of section.8 of the act itself which go to show that the commissioners are given certain powers of the civil and military courts in regard to punishing contempts and obstruction to their proceedings, summoning of witnesses, compelling the production to documents ..... opponents had fraudulently concealed from the corporation till november 27, 1963, documents necessary for ascertainment of dues; hence by virtue of the provisions of section 17 of the limitation act, 1963, limitation did not star till that date and the application which was filed within three years from that date was within limitation. ..... the act was enacted 'to provide for certain benefits to employees in case of sickness, maternity ..... 1105 of 1969, d/- 25-4-1969 = (reported in ) on the second, of these grounds, holding that art, 137 was not applicable because the labour court is not a 'court' within the limitation act,' 1963, and then went on to say: 'it is not necessary to express our views on the first ground given by this court in civil appeals nos. ..... to 73 deal with the various benefits available under the act to insured persons and with other ..... 'insured person' as 'a person who is or was an employee in respect of whom contributions are or, were payable under this act and who is, by reason thereof, entitled to any of the benefits provided by this act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom472; (1967)69BOMLR52; [1967(15)FLR369]; (1967)ILLJ625Bom; 1967MhLJ261; (2008)1SCC(L&S)558
..... it will be recalled that much before this act provisions had been made for the protection of female employees in cases of maternity by the maternity benefits acts passed by various provincial legislatures, and provision had also been made for granting compensation for employment injury by the workmen's compensation act. ..... on the other hand, in cases of maternity benefit, disablement benefit and dependants' benefit, a payment of even on weekly contribution may suffice to enable the employee or the dependant concerned to get the whole benefit. ..... the periodical cash payments are described as sickness benefit, maternity benefit, and the medical treatment is described as medicial benefit (section 46. ..... in respect of his own employees does not pay merely for the insurance of those employees, the contributions paid by him go into a fund which is designed to insure all the employees and their dependants covered by the act for the contingencies of sickness maternity and employment injury, proper and full collection of contributions from all employers who are liable to pay them is thus necessary for the success of the scheme. ..... in the three contingencies covered by the act - sickness, maternity and employment injury the act confers two benefits on the insured persons, one of periodical cash payments and the other of medical treatment. ..... the object of the act, as stated in its preamble, is 'to provide for certain benefits to employees in case of sickness, maternity and employment injury'. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom111; (1964)66BOMLR780; ILR1965Bom8; 1965MhLJ157
..... sections 47, 50, 51, 52 56, 58, and 59 provide for the payment of different benefits like the sickness benefit, the maternity benefit, the disablement benefit, the dependants' benefit and the medical benefit to the employees. ..... the argument of the learned counsel is that if the several benefits like the sickness, maternity and disablement benefits can be availed of only by the employees, it would be absurd to apply the act to an establishment in which, the work is done partly by the proprietors or the partners of a firm who, if excluded, would reduce the number of workers to less than twenty. ..... the particular provision to which i have drawn attention would show that no absurdity or contradiction is involved in applying the act to an establishment but not extending the various benefits conferred by the act to each one of the persons working in the establishment.(10) mr. ..... in other words, the mere circumstances that the act applies to an establishment would not necessarily mean that all the benefits conferred by the act could be given to each and every person working in that establishment. ..... the further question which would then arise is whether the benefits conferred by the act can be availed of by all the persons who work in the factory. ..... to provide for certain benefits to employees in case of sickness, maternity and employment injury.... .....
Tag this Judgment!Court : Mumbai
Reported in : [1964(9)FLR411]
..... sections 47; 50, 51, 52, 56, 58 and 59 provide for the payment of different benefits like the sickness benefit, the maternity benefit, the disablement benefit, the dependents' benefit and the medical benefit to the employees. ..... ' the argument of the learned counsel is that if the several benefits like the sickness, maternity and disablement benefits can be availed of only by the employees, it would be absurd to apply the act to an establishment in which the work is done partly by the proprietors or the partners of a firm who, if excluded, would reduce the number of workers to less than twenty. ..... the particular provision to which i have drawn attention would show that no absurdity or contradiction is involved in applying the act to an establishment but not extending the various benefits conferred by the act to each one of the persons working in the establishment. 11. ..... i am unable to appreciate the contention of sri chitale that to apply the act to an establishment and not to give the benefit thereof to all persons who work therein is a procedure devoid of meaning and substance. ..... in other words, the mere circumstance that the act applies to an establishment would not necessarily mean that all the benefits conferred by the act could be given to each and every person working in that establishment. ..... the further question which would then arise is whether the benefits conferred by the act can be availed of by all the persons who work in the factory. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR711; (1959)IILLJ177Bom
..... as to the first argument that the amendment of the definition of 'factory' as contained in the factories act of 1948 makes sweeping changes and indirectly lays a liability upon the applicants for the first time by amending the factories act rather than the maternity benefit act, it is only necessary to say that if the legislature clearly has the power to make an amendment and its terms are clear, it is not for the courts to speculate upon its possible ..... phadke's further contention was that the unregulated factories act was in force at the time when the factories act of 1948 was brought into force, and therefore at that time the legislature advisedly did not amend the maternity benefit act because they probably took the view that the provisions of the unregulated factories act were sufficient to deal with the case of unregulated factories under which class the applicants' factory ..... to me that it was entirely unnecessary to have amended clause 2(a) of the maternity benefit act because references to the factories act of 1934 in that clause would, without further amendment of the maternity benefit act, be construed as references to the factories act of 1948, by virtue of s. ..... maternity benefit act was soon after amended in order to bring it in conformity with the factories act of 1934, but it is of great significance that when the new factories act of 1948 was brought into force and the factories act of 1934 was repealed, no corresponding change was made in the maternity benefit act .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom262; (1958)60BOMLR621; ILR1959Bom367
..... in other words, they are payments made by an employer for services rendered, under section 4 of the maternity benefit act, the benefit is payable for (a) the actual days of absence during four weeks immediately preceding the confinement, and (b) four weeks immediately following the ..... has raised the same points,which had been urged on behalf of the petitioner before the payment of wages authority, and these are that the petitioner's factory is not a factory, to which the provisions of the maternity benefit act apply, and that the maternity benefit payable under this act is not 'wages' within the meaning of this word given in the payment of wages act. ..... petitioner contended before the authority that the petitioner's factory was not a factory within the meaning, of the word 'factory' given in the maternity benefit act, and that consequently, the respondent was not entitled to any benefit under tins act. ..... do not think that it is necessary to refer to these cases, because the question arising in the present case can, in our opinion, be determined by a consideration of the definition of the 'wages' given in the act itself and the provisions of the maternity benefit act. ..... that the petitioner's factory is not a factory within the meaning of the maternity benefit act. ..... maternity benefit act, ..... , she made an application to the authority constituted under the payment of wages act, 1936 (4 of 1936) for an order directing the petitioner to pay maternity benefit to her as provided in the c.p. .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)IILLJ178Bom
..... , has raised the same points which had been urged on behalf of the petitioners before the payment of wages authority, and these are that the petitioner's factory is not a factory to which the provisions of the maternity benefit act apply, and that the maternity benefit payable under this act is not 'wages' within the meaning of this word given in the payment of wages act. ..... thereafter, she made an application to the authority constituted under the payment of wages act, 1936 (iv of 1936), for an order directing the petitioner to pay maternity benefit to her as provided in the central provinces maternity benefit act, 1930. ..... the petitioner contended before the authority that the petitioner's factory was not a factory within the meaning of the word 'factory' given in the maternity benefit act, and that consequently, the respondent was not entitled to any benefit under this act. ..... 4 of the maternity benefit act, the benefit is payable for (a) the actual days of absence during four weeks immediately preceding the confinement, and (b) four weeks immediately following the confinement. ..... we do not think that it is necessary to refer to these cases, because the question arising in the present case can, in our opinion, be determined by a consideration of the definition of 'wages' given in the act itself and the provisions of the maternity benefit act. ..... phadke, that the petitioner's factory is not a factory within the meaning of the maternity benefit act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom314; (1958)60BOMLR217
..... between thestate government and the corporation as aforesaidthe nature and extent of the medical treatment to be provided by the state government and the proportion in which the cost thereof and of the excess inthe incidence of sickness benefit shall be shared between the corporation and the state government,shall be determined by an arbitrator appointed by the chief justice of india and the award of the arbitrator shall be binding on the corporation and the ..... 'insurance medical officer' is defined in clause (n) of regulation 2 as follows:' 'insurance medical officer' means a medical practitioner appointed as such to provide medical benefit and to perform such other functions as may be assigned to him and shall be deemed to he a duly appointed medical practitioner for the purposes of chapter v of the act'.the medical practitioner appointed to provide medical benefit is the insurance medical practitioner, whose appointment js made by the surgeon-general and not by the corporation. ..... -rule (7) of rule 9 an insurance medical practitioner is required to issue to his patients free of charge any certificates reasonably required in respect of sickness, maternity, employment injury end death under the employees' state insurance regulations or as may be required from time to time by the corporation or the state government. ..... there are two kinds of benefits: sickness, maternity and other cash benefits, which consist of periodical payments to an insured person in case of his sickness .....
Tag this Judgment!Court : Mumbai
Reported in : (1948)50BOMLR547
..... in the circumstances, it cannot be said that the daughter's son's claim that he bestows more spiritual benefit to his maternal grandfather has been made out, when it is doubtful whether his claims are even as good as those of the sons and ..... difference in his position under the old law and the present law is that under the former he became by a fiction a member of his maternal grandfather's family, while under the present law he is a member of his own father's family, but is also regarded as a son's son to his maternal grandfather for purposes of inheritance.the above extract shows that the position of the daughter's son in the matter of inheritance is exceptional and though he ..... , it would depend on the circumstances of each case who should be consulted, the general rule being :- ' that there should be such evidence of the assent of kinsmen as suffices to show, that the act is done by the widow in the proper and bona fide performance of a religious duty, and neither capriciously nor from a corrupt motive.13. ..... that can be said is, that there should be such evidence of the assent of kinsmen as suffices to show, that the act is done by the widow in the proper and bona fide performance of a religious duty, and neither capriciously nor form a ..... in the case of maternal ancestors, the daughter's son should also celebrate these rites as an act of moral obligation although not legally ..... great difference in spiritual value between an act of legal obligation and an act of moral obligation.39. .....
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