Court : Delhi
Reported in : 1998VAD(Delhi)285; 3(1998)CLT609; 75(1998)DLT3; 1998(46)DRJ719
..... in the national capital territory of delhi. and whereas private stage carriage permit holders have not been brought under the purview of the motor transport workers act, 1961 leading thereby to employment practices inimical to public safety and the public interest; and whereas the public perception of the quality ..... 99 11. the principal submission of the petitioners centres around sections 99 and 100 of the motor vehicles act, 1988 which are reproduced hereunder for ready reference:'99. preparation and publication of proposal regarding road transport service of a state transport undertaking. where any state govt is of opinion that for the purpose of providing an efficient ..... certain terms and conditions on the notified route covered by section 68-d(3) of the motor vehicles act, 1939. their lordships observed that the scheme under section 68-d is law by itself. the state road transport corporation had obtained the permits and thereforee, no one except the corporation shall exclusively ply the .....
Tag this Judgment!Court : Allahabad
Reported in : I(2003)ACC629; 2003ACJ1274; 2003(1)AWC556
..... number of trips. the drivers are overworked and they are compelled to drive for long hours. section 91 of the act provides that hours or work of any person engaged for operating a transport vehicle shall be such as provided in the motor transport workers act, 1961. however, scant regard is paid to this provision. the overworked drivers sometimes hand over the control of the vehicle ..... to the cleaners, who have either no licence or have no experience of driving a transport vehicle. our experience shows that in claim petitions .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR692; (1996)IILLJ943Guj
..... . against the said judgment and order present revision application is filed. 2. learned advocate mr. gadhia appearing for the applicant contended before this court that initially the state act was applicable. however, with effect from 1-3-1963, the motor transport workers act, 1961 (the central act, for short) has also become applicable to jetpur nagarpalika. in view of this fact, he contended that the state ..... goods is its sole concern and business and as an employer of fifteen motor transport workers, it would be governed by the provisions of the central act. respectfully agreeing, therefore, with the view of the full bench of the patna high court, i find that the motor transport workers act, 1961 by implication repeals the state act'. the bombay high court had in mind the ordinary principles of interpretation .....
Tag this Judgment!Court : Chennai
Reported in : (1985)IILLJ376Mad
..... in the terms of any award, agreement, or contract of service whether made before or after the commencement of this act .....' a similar provision is made in s. 37 of the motor transport workers act, 1961. this section reads as follows : 'the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement ..... or contract of service which are made before or after the commencement of this act.' we are bound to take notice of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2701; (2004)IILLJ282Guj
..... to persons who, before this change, were his employees. admittedly, this was done because he could not implement some of the provisions of the motor transport workers act, 1961. the change over to the contract system was held by the tribunal not to have been effected for victimising the employees. the employees ..... government to adjudicate upon the question as to whether there was in fact a closure of business or whether under the pretence of closing the business the workers were locked out by the management. the references being limited to the narrow question as to whether the closure was proper and justified, the tribunals by ..... also filed recovery applications against the transferee company, i.e. lotherme electrodes (india) private limited, invoking the provisions of section 33c(2) of the industrial disputes act, and it seems that the state also initiated prosecution against the transferee company against alleged illegal closure. it is pointed out to this court that during the pendency .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR123; (1989)91BOMLR900; (1990)IILLJ280Bom
..... 2(4). 'establishment' means -(i) a factory : (ii) a tramway or motor omnibus service or a motor transport undertaking to which the motor transport workers act, 1961, applies; and (iii) any establishment within the meaning of the bombay shops and establishments act, 1948 (bom. lxxix of 1948), which employs, or on any working employed, ..... five or more persons : provided that, any such establishment shall continue to be an establishment for the purposes of this act ..... and (ii), no. (i) being the 'factory' as defined under section 2(m) of the factories act, 1948 and which definition, in addition to the number of workers actually employed and working, envisages and stipulates the effecting of manufacturing process though it is not necessary to reproduce the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR769; (1986)ILLJ470Kant
..... . 3(h) of the motor transport workers act, 1961 (hereinafter referred to as the transport act). the transport act was enacted in the year 1961 with view to provide for the welfare of the motor transport workers and to regulate their conditions of work. this act is applicable to ksrtc as it employs more than 5 transport workers. a motor transport worker is defined as follows : 'motor transport worker' means person who is employed in a motor transport undertaking directly or through ..... with reference to his employment under the corporation, the settlement covering his service conditions and the provisions of the motor transport workers act, 1961 which regulates the condition of work of workmen employed by a motor transport undertaking. under regulation 16(1) of the regulations a badli worker is a person employed on a day to day basis in any vacancy caused by the absence of an .....
Tag this Judgment!Court : Mumbai
Reported in : [1996(74)FLR2486]; (1998)IIILLJ748Bom
..... ) (private), ltd. and another dated 22nd august 1967 (civil appeal no. 487 of 1966). the apex court was dealing with motor transport workers act, 1961. it was not concerned with engagement of contract labour and there ..... of the apex court and one by the division bench of this court. 13. section 2(1) of the act defines 'worker' as follows :- '(1) 'worker' means a person (employed, directly or by or through any agency (including a contractor) with or without the knowledge ..... worker' contained in the factories act. question arose whether term worker includes independent contractors employees. sattedars employed to manufacture bidis and their coolies were held to be not workers. however, now the amended definition of 'worker' makes the whole difference as pointed above. 29. then reliance is place on the judgment of the apex court reported in ghatge & patil concerns employees' union v. ghatge & patil (transports .....
Tag this Judgment!Court : Chennai
Reported in : (1975)IILLJ39Mad
..... here, the labour court has been called upon to compute in terms of money the benefits to which the workers are entitled to under the provisions of the motor transport workers' act, 1961 and the madras motor transport workers' rules, 1965. there is, therefore, formidable and legal hypothesis for the labour court, to proceed with the ..... we are unable to accept the general contention of mr. varadarajulu naidu that ' wages' appearing in the payment of wages act and in the industrial disputes act as also in the motor transport workers' act would include all and every benefits. the term 'wages' is inextricably related to a living wage. the allowance referred to ..... mr. varadarajulu naidu, the learned counsel for the appellant, referred to us the relevant provisions of the payment of wages act, 1936, the industrial disputes act, 1947 and the motor transport workers act, 1961 and the rule framed thereunder and repeated before us the main contention that the applications filed under section 33c(2) .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1995)IILLJ1001HP
..... petition filed by it, prayed for quashing annexures pa, pb and pc and for a direction that the various provisions of motor transport workers act, 1961, and motor vehicles act, 1988, should be implemented for payment of overtime allowance as per the provisions of the motor transport workers act, 1961, after calculating the running time and duty-hours in accordance with its provisions and for payment of arrears of d ..... entirely contributed by the state and the central government and the corporation is one wholly owned and controlled by the government, which had also fully implemented the provisions of the motor transport workers act, 1961. the grounds upon which annexures pa, pb and pc were impugned by the petitioner were all disputed, and it was maintained that the calculation of running time, duty-hours .....
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