Court : Punjab and Haryana
Reported in : AIR1963P& H422; [1963(7)FLR64]
..... year 1948 and there is a difference in the definition of 'factory' in section 2(m) of the factories act. the definition reads: ' 'factory' means any premises including the precincts thereof: (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a ..... carried on: but does not include a mine subject to the operation of the mines act, 1952 (xxxv of 1952) or a railway running shed.' in that definition the word 'workers' is used instead of 'persons' and this must obviously be deliberate; the word 'worker' also being defined in the same section. 'employee' is elaborately defined in section ..... 2(9) of the employees' state insurance act and in my opinion there can be no doubt that the word .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H389
..... of the objection reliance has been placed on gandhina-gar motor. transport society v. state of bombay : air1954bom202 . in that case the gandhinagar motor transport society had been granted a permit to run-a transport bus on a certain route under the provisions of the motor vehicles act. the society ap-plied to the regional transport officer for a permit to run a second bus. ..... came to an end by efflux of time, the new notification dated 29-2-1956 must be held to have been made under section 7 of the act, vide minerva mills ltd. v. workers of minerva mills : (1954)illj119sc . even in the notification of 29-2-1956 it is expressly stated that it was being issued in exercise ..... made, then it cannot be disputed that it had the jurisdiction to make the award. on behalf of the petitioner reliance has been placed on strawboard . v. gutta mill workers' union : (1953)illj186sc .in that case it has been held that the state government cannot extend the time for making an award eat post facto i.e., after .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1999P& H148; (1999)121PLR219
..... legislature can amend prospectively as also retrospectively. normally, the amendment is prospective in nature. however, it could be retrospective if the language implied in the amending act specifically says so or it can be otherwise inferred by necessary intentment, but while doing so, existing vested right cannot be taken away. we are of the ..... the respondents to hold theelections for the office of vice-president of municipal committee, shahbad in accordance with unamended section 18 (3) of the haryana municipal act and further a writ in the nature of quo warranto against respondent no. 4 since she had ceased to be vice-president of the municipal committee, shahbad ..... marketing federation ltd. taking advantage of political affiliation of the petitioners and the fact that ruling government was of haryana vikas party and the bharatiya janta party acted in a dictatorial manner and found out a way to remove the petitioners from the managing committee. with a view to achieve the said object, the .....
Tag this Judgment!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 : Punjab and Haryana
Reported in : AIR1970P& H361
..... e) or not was neither raised, nor decided in the bombay case. in view of the provisions of the road transport corporations act, 1950, it was rightly assumed in that case that the bombay state transport corporation was a juristic person which would in ordinaryparlance be called a company. the case of ishwarlal girdharlal joshi, air ..... by the government for a public purpose, namely, for the construction of a labour colony under the government sponsored housing scheme for the industrial workers of the thapar industrial workers co-operative housing society limited. according to the terms and conditions of the housing scheme in question 25 to 50 per cent of the ..... s case, air 1963 sc 1890 (supra), mudholkar, j., was mainly dealing with the second ingredient of section 3(e) of the act while deciding whether the bombay state transport corporation, established under the road transport corporations act, 1950, was or was not a company within the meaning of that provision. it was held that the state .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H162
..... area which is to vest in the state government and has to be transferred to the tenants, members of the scheduled castes and backward classes and landless agricultural workers, evidently, for providing them with the means of livelihood and better utilisation of the land so as to increase the production of food-grains, fodder or ..... of the landholder in the area declared surplus and enjoins upon the government to dispose of that land in the manner provided in section 11 of the act. this act, therefore, is clearly covered by the provisions of article 31a of the constitution and cannot be challenged on the ground that it violates any of the ..... the supreme court in kannan devan hills produce co. ltd. v. state of kerala, air 1972 sc 2301, held that kannan devan hills (resumption of lands) act (5 of 1971), envisaged reservation of lands for promotion of agriculture and for welfare of agricultural population and assignment of remaining lands to agriculturists and agricultural labourers which purposes .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1987P& H263
..... 116 were included in the councils of ministers which they help to bring into being by defections. the other disturbing features of this phenomenon were; multiple acts of defections by the same person or set of persons (haryana affording a conspicuous example); few resignations of the membership of the legislature or explanations by ..... subject-matter with which the legislature was legislating, are legitimate topics to consider in ascertaining what was the object and purpose of the legislature in passing the act.in sheikh gulfan v. sanat kumar ganguli, air 1965 sc 1839, it has been observed in this connection by their lordships as follows:--'............. often enough ..... incurred a disqualification subsequent to his election under article 191(1)(e) of the constitution, read with section 7 of the representation of the people act 1951. on 10th september 1964, the chief secretary to the government of orissa alleging that the appellant brundaban nayak had incurred a disqualification subsequent to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]92CompCas895(P& H); (1997)115PLR279
..... one or more national industrial tribunals for the adjudication of industrial disputes. under the provisions of section 5 of the monopolies and restrictive trade practices act, 1969, the central government is competent to establish a commission and make appointments thereto. it is also competent to remove members from office. the ..... provisions have also been made in the act for appointment of the staff of the commission. under section 65 of the motor vehicles act, 1988, a state government can constitute one or more motor accident claims tribunals for the purpose of adjudicating upon claims for compensation and make ..... appointmentsthere to. similar provisions exist in the railway claims tribunal act, 1987. merely because the power of appointment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H499
..... its operation the rules relating to conditions of service under those particular headsthe central government could not possible have amended the statutory provision it could only act under the provision and in pursuance thereof. a condition of service which a state government was precluded from prescribing because of the bar created by the ..... accorded. it may also be mentioned here that it appears on legal advice that the government of india cannot accord approval to rules under the states reorganisation act with retrospective effect.' the argument is that the abovequoted letter conclusively proves three things, i.e. :(i) that some rules framed by the punjab ..... have approved of proposals of state government is to impose new departmental tests or tests of a higher standard, on the employees allotted under the states reorganisation act, only on the following conditions being fulfilled: (i) additional time, which may be double that of the ordinarily permissible time of passing the tests, may .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)217CTR(P& H)83
..... also filed detailed preliminary objections asserting that interest income cannot be brought within the scope and ambit of tax in contravention of various provisions of the 1925 act, 1948 act, 1961 act and 1960 regulations as well as clarification dt. 15th june, 2006 issued by the cbdt (p-5). it was, thus, requested that before proceeding ..... deal with the preliminary objection raised by mr. putney. according to the learned counsel the petitioners have regular remedy of appeal under section 246 of the 1961 act, and, therefore, the petitioners must be relegated to the remedy of appeal by dismissing the writ petitions under article 226 of the constitution. it is true ..... and the question posed in the opening para of this judgment is answered in favour of the assessee. accordingly notices issued under section 148 of the 1961 act, pursuant to reassessment proceedings are quashed. the respondents are directed to extend the benefit of exemption from income-tax to the interest income that has accrued .....
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