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 : Andhra Pradesh
Reported in : 2000(5)ALD298; 2000(4)ALT441; [2000(87)FLR357]
..... /- per mile of its use, the company undertaking to supply fuel, oil, tyres, tubes etc. the management resorted to such system in view of the motor transport workers act, 1961. the union of the motor workers of the company raised a dispute alleging that the drivers who took the trucks on contract basis lost other benefits like leave, over time payment, provident fund, ..... learned counsel for the petitioners, the decided cases support the view that in the event of closure of the unit in accordance with the provisions of the act, the workers are deemed to be retrenched. a reading of the provisions under section 25fff and sub-section (8) of section 25o and section 25f of the ..... out especially having regard to the business of the 2nd respondent. therefore, in exercise of the powers under section 11a of the act, this court directs the 2nd respondent to maintain a list of the workers and as and when any recruitment is to be made, for any reason, the 2nd respondent shall consider the case of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP102; (1986)ILLJ336AP
..... of the payment of wages act, 1936, the industrial disputes act, 1947 and the motor transport workers act, 1961. it is an admitted fact that the appellant is a motor transport worker and as such he is governed by the motor transport wrokers act, 1961. this act was enacted by parliament to provide for the welfare of motor transport workers and to regulate their conditions ..... on a reading of s. 37 of the motor transport workers act. in categorical terms, s. 37 of this act lays down that if there is any inconsistency between the provisions of the motor transport workers act incorporating the payment of wages act, and any other law then the provisions of the motor transport workers act would prevail. we find that there is ..... single forum without reference to the period of limitation. 11. let us now examine whether the provisions of s. 25 or 37 of the motor transport workers act 1961 exclude the applicability of s. 33-c(2) to a claim made by a workman for the wages due from the employer. section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1983)IILLJ396AP
..... respondent corporation issued notice to the petitioner to the effect that the petitioner is liable for coverage. the petitioner cannot be treated as a motor transport establishment as it is only a motor transport undertaking registered as such under the motor transport workers act. further the petitioner is not liable for coverage unless it is further proved that 20 or more persons are employed for wages on any ..... is liable to be covered by the provisions of the employee's state insurance act 2. to what relief 4. the employees' insurance court held that the petitioner is a motor transport establishment and hence by virtue of notification issued under s. 1(5) of the act the provisions of the act are extended to cover the petitioner also. it is further held that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(5)ALD367; 2000(5)ALT166
..... . it covers 2(1)(0)services of any description made available to potential users; inclusively the definition clause specifies certain services-banking, financing, insurance, transport, processing, supply or electrical and other energy, board or lodging or both, entertainment, amusement or the purveying of news or other information'. the intention ..... in the context the expression 'includes' enlarges the meaning of word 'service' without confining it to what are specifically mentioned in the clause. the act does not exclude services rendered by professionals. they are too numerous to be specified and that was the reason why inclusive definition was adopted.' 7. ..... definition clause in section 2(1)(0) occurs:' 'service' is defined inclusively by clause (o) of sub-section (1) of section 2 of the act : ............ ............. ............. except services rendered free of charge or under a contract of personal services, all other services of any description made available to potential users .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1984)38CTR(AP)1; [1983]144ITR146(AP)
..... other consumables required for erection and to secure the necessary quantity of water and electricity that may be required during their operations, and also to provide for the transportation of various items. as already stated, the port trust has produced voluminous evidence to show that it was the port trust that spent rs. 3,97,034. ..... port trust that got the reclaimer assembled, installed and erected at visakhapatnam and that, in fact, the port trust paid rs. 3,97,034.66 to the workers. there is absolutely no material in favour of the department on this question. there is no evidence that the german company even reimbrused the expenditure of the port ..... between the terms of the agreement and the taxation statue, the agreement alone would prevail. later, however, s. 497 of the u. k. income and corporation taxes act, 1970, provided expressly for legislation by way of statutory instrument in the form of an order-in-council declaring the arrangements specified in the order to have effect, ' .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP94; 2004(1)ALD199; 2004(1)ALT417; II(2004)BC76; (2004)189CTR(AP)256
..... rs. 14.50 lakhs per acre. the other property (mortgaged property) could not be sold in view of the obstacles alleged to have been caused by the factory workers. in this case, we are concerned only with the property in question, which was put to auction on 30.12.1998 wherein 6th respondent was declared to be ..... respondents on the ground of maintainability of the petition. learned counsel for the auction purchasers and of the bank submitted that rule 61 of second schedule to income-tax act, 1961, clearly stipulate that where any immovable property has been sold in execution of certificate, the defaulter or any person whose interests are affected by the sale ..... of the sale qua the property in question filed this writ petition on 27.12.1999 without resorting to the remedy provided in the second schedule to the income tax act, 1961 and income tax (certificate proceedings) rules, 1962. in the aforementioned background, we will have to notice the grounds on which the petitioners | have come forward .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1967AP14
..... between the operative portion of sub-section (2) of section 44 of the act and the proviso added by the madras legislature. consequently the validity of the proviso was brought into question in some of the cases in this court. amarvathi motor transport co. v. state of andhra, 1956 andh wr 400: air 1956 andhra ..... material for our purpose deals with the composition or constitution of such authorities. section 44 (2) as originally enacted in the motor vehicles act of 1939 reads thus:'a provincial transport authority or regional transport authority shall consist of such number of officials and non-officials as the provincial government may think fit to appoint'(4) a ..... the appellant. the appellant and five others then went in appeal to the state transport authority under section 64 of the motor vehicles act. 1939 (hereinafter referred to as the act), sri n. ramesan, i. a. s., the chairman of the state transport authority after considering the case on merits came to the conclusion that the 4th .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1982]134ITR158(AP)
..... as to include an individual dispute within the meaning of 'industrial dispute' and enabling the government to refer such individual disputes also for adjudication under the industrial disputes act, in exercise of the rule-making power, the supreme court in newspapers ltd. v. state industrial tribunal : (1957)iillj1sc : 'another objection to reading these ..... (iv) in a case where the industrial undertaking manufacturers or produces articles, it employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power: provided that the condition in clause (i) ..... in the official gazette, specify with reference to any particular industrial undertaking; (iii) employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power: provided that the central government may, by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)71CTR(AP)80; [1988]174ITR231(AP)
..... madras high court decision in cit v. k. s. narayanan : [1986]159itr618(mad) . he drew analogy from the decisions of the madras high court in cit v. madras motor and general insurance co. ltd. : [1975]99itr243(mad) , and madras auto service v. ito : [1975]101itr589(mad) . these two decisions of the madras high court related ..... deduction is permissible under section 80j, deduction shall still be allowed under section 80jj. wherever the legislature wanted to so exclude, a provision is expressly made in the act itself. see, for instance, section 80hh dealing with the deduction in respect of profits and gains from newly established industrial undertakings or hotel business in backward areas. ..... manufacturing process carried on with the aid of power, or employ 20 or more workers in a manufacturing process carried on without the aid of power. it is not necessary to refer to the other provisions contained in section 80j of the act. there is no dispute in the present case that the assessee is a new .....
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