Court : Punjab and Haryana
Reported in : (1993)105PLR79
..... .r. 1970 supreme court 488, it was held that the persons who were working as time-keepers, prepared paysheets of workshop staff, maintained leave account, etc. would be workers under the factories act. apart from this, as observed earlier while dealing with the case of gopala rao (supra), the entire area where the tobacoo leaves etc. were processed as also the head ..... earlier paragraph of the judgment) that it is in very wide terms that even making, altering, packing, breaking up any article or substance with a view to its use, sale, transport, delivery or disposal, are included in expression 'manufacturing process.' the respondent-corporation is engaged in the business of land levelling, land reclamation, production of quality seeds and sale of gypsum .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR984
..... .). he has also submitted that the transport workers are governed by the motor transport workers act, 1961 and under the provisions contained in section 25 thereof, payment of wages act, 1936 applies to the motor transport workers. in view of the said special enactment made for the benefit of the motor transport workers, the workman should have raised his ..... motor transport workers, i.e., motor transport workers act, 1961. in view of section 25 of the said act, the provisions contained in the payment of wages act, 1936 as in force for the time being shall apply to the motor transport workers engaged in the motor transport undertaking. section 37 of the said act provides that the provisions of the said act ..... that the workman did work on sundays and for that, he was entitled to receive overtime in accordance with section 26 of the motor transport workers act, 1961. neither did the employer recognise the workman's right to receive such overtime wages and in absence of such prior adjudication or .....
Tag this Judgment!Court : Chennai
Reported in : 1997(1)CTC116; (1998)IIILLJ72Mad; (1997)IIMLJ79
..... as claimed is based upon only the terms and conditions contained in the settlement entered into under section 18(1) of the industrial disputes act by the management and the workers union and not under any general or common law as such. merely because the plaintiff has filed a suit for declaration that a ..... disputes involving the enforcement of the rights and liabilities created by the certified standing orders. those were cases wherein the employees of the rajasthan state road transport corporation were terminated from service on the basis of proved charges in disciplinary enquiries and the aggrieved employees filed suits for declaration that the order terminating ..... practice or habitually or by common consent without even being incorporated in the contract and consequently it would be an industrial dispute.14. in the rajasthan road transport corporation and anr. etc., etc v. krishna kant etc., : (1995)iillj728sc the apex court was concerned with the jurisdiction of civil courts in matters .....
Tag this Judgment!Court : Chennai
Reported in : (1997)2MLJ79
..... as claimed is based upon only the terms and conditions contained in the settlement entered into under section 18(1) of the industrial disputes act by the management and the workers union and not under any general or common law as such. merely because the plaintiff was filed a suit for declaration that a ..... disputes involving the enforcement of the fights and liabilities created by the certified standing orders. those were cases wherein the employees of the rajasthan state road transport corporation were terminated from service on the basis of proved charges in disciplinary enquiries and the aggrieved employees filed suits for declaration that the order terminating ..... in practice or habitually or by common consent without even being incorporated in the contract and consequently it would be an industrial dispute.17. in the rajasthan road transport corporation and anr. etc., etc. v. krishna kant etc. : (1995)iillj728sc the apex court was concerned with the jurisdiction of civil courts in matters .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj22; 1982()WLN756
..... 837 the meaning of the word 'trial' again came up for consideration before their lordships of the supreme court with reference to section 98, representation of the people act, 1951, wherein it was observed as under :--'it is said that the word 'trial' in section 98 means that stage of the trial where evidence is ..... arguments. according to the respondent, it connotes the entire proceedings before the tribunal from the time that the petition is transferred to it under section 86 of the act until pronouncement of the award. while the word 'trial' standing by itself is susceptible of both the narrow and the wider senses indicated above, the question is ..... filed this revision petition and it has been urged by his learned counsel that while staying the proceedings under section 10, c.p.c. the appellate court acted without jurisdiction in imposing any condition regarding payment of arrears of rent. on the other hand, learned counsel for the landlord non-petitioner contends that the proceedings .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1991AP213; 1991(1)ALT644
..... certificate under the provisions of the motor transport workers act, 1961. the motor transport workers act, 1961 is an act to provide for the welfare of motor transport workers and to regulate the conditions of their work. s. 3 of that act provides for registration of motor transport undertakings. s. 2(g) defines motor transport undertaking. the said act as stated in s. 1(4) applies to every motor transport undertaking employing five or more motor transport workers. the state government is empowered ..... in the rule, the following may be substituted; namely- 'certificate of registration, the valid certificate of insurance and in respect of transport vehicles, the valid registration certificate of motor transport undertakings under the motor transport workers act, 1961.' 7. we shall, now briefly refer to the provisions of the motor transport workers act, 1961. we have already referred to its preamble and to the fact that under s. 1(4), the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom120; (1964)66BOMLR767; 1965MhLJ124
..... posts and telegraphs department, claims a writ of mandamus against the respondent (postmaster general, bombay circle) directing him to enforce the provisions of the motor transport workers act, 1961 (hereinafter referred to as 'the act') to the posts and telegraphs motor service, bombay. the only purpose of the petition is that the respondent should not prescribe more than 8 hours' duty on any day and 48 ..... , it is not possible to hold that the department is a private carrier in respect of its motor service. it is, under the circumstances, not possible to make a finding that the respondent is running 'motor transport undertaking' within the meaning of section 2(g) of the motor transport workers act, 1961.(14) in this connection, mr. sorabji has also referred to section 42(3) (a) of .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR317; [1992(65)FLR691]
..... with any manufacturing process in a factory. the claim opposed on the ground that the first respondent's corporation was 'a motor transport undertaking' covered by the provisions of the motor transport workers act, 1961 and that the petitioner was 'a motor transport worker' as defined in the said act; that the permissible spread over of duties of driver as decided was 11 hours, and, for working 11 hours, there ..... labour court recorded evidence of the parties and accepted the contention of the first respondent that his was 'a motor transport undertaking' within the meaning of the motor transport workers act, 1961; that the petitioner was 'a motor transport worker' within the meaning of the said act, and further that his spread over of duties as a driver being 11 hours per day, he was not entitled to any overtime .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC503; [1968(16)FLR302]; (1968)ILLJ566SC; [1968]1SCR300
..... company has declared before us that it is quite prepared, if it was not already doing so, to apply and observe the provisions of the motor transport workers act in respect of its employees proper where such provisions can be made applicable. in view of this declaration we see no reason to interfere, because ..... a model agreement has been protected in the case in which the parties, after reaching that there were difficulties in operating motor transport vehicles because of the passing of the motor transport workers act, stated that the agreement was being entered into for the operation of the trucks it is not necessary either to sent ..... company was necessary (so the company admits) because of the passing of the motor transport workers act, 1961, on may 20, 1961. this act was passed to provide for the welfare of motor transport workers and to regulate the conditions of their work. it applies to motor transport undertakings, by which is meant, among other things, undertakings engaged in carrying .....
Tag this Judgment!Court : Delhi
Reported in : 1996(37)DRJ610; [1996(74)FLR2109]; (1997)ILLJ808Del
..... s. ranganathan, j. (as he then was) where his lordship came to the conclusion that after promulgation of the motor transport workers' act, 1961 the remedy of 'motor transport worker' within the meaning of that act for computation and recovery of wages or benefits which could be computed in terms of money could only be by way of ..... lab. ic 320. there applying the maxim 'general is special but nonderogant', it was held that section 25 of the motor transport workers' act repealed the section 33-c(2) of industrial disputes act as far as the motor transport workers are concerned. this view did not find favor with d. k. kapur, j. (as he then was). my ..... only two important questions which arise for consideration are : 1. whether after the enactment of motor transport workers act, 1961 (central act no. 27 of 1961) as amended up to date, the remedy of motor transport workers within the meaning of that act for determination of the amount of money due and computation and recovery of wages or benefit .....
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