Court : Chennai
Reported in : (1979)IILLJ343Mad
..... enactment had been followed. in this context, provisions made under section 27 of the maternity benefits act, section 14 of the gratuity act, section 25 of the minimum wages act, section 40 of the beedi & cigar workers (conditions of employment) act, section 27 of motor transport workers act and section 79 of factories act, are referred to by mr. prasad, learned counsel for the workmen. he relies upon section 25j ..... of the industrial disputes act to contend that benefits conferred under chapter v-a cannot be taken away .....
Tag this Judgment!Court : Chennai
Reported in : (1979)ILLJ233Mad
..... keep such a commercial establishment out of the purview of the expression 'commercial establishment' as it is provided in exception to section 2(h) of the motor transport workers act and if the act applied to a motor transport undertaking, interpretation has to be put upon a motor transport worker in section 2(h), which will be in harmony with section 1(4) and section 2(g) of the central ..... natarajan, j.1. the interesting question falling for consideration in this petition is whether a motor transport worker as defined in section 2(3)(h) of the motor transport workers act, 1961 (hereinafter referred to as the central act) is entitled to invoke the provisions of the madras shops and establishments act, 1947 (hereinafter referred to as the state act) and prefer an appeal under section 41(2) of the state .....
Tag this Judgment!Court : Chennai
Reported in : (1979)2MLJ62
..... keen such a commercial establishment out of the purview of the expression 'commercial establishment' as it is provided in exception to section 2(h) of the motor transport workers act and if the act applied to a motor transport undertaking, interpretation has to be put upon a motor transport worker in section 2(h), which will be in harmony with section 1(4) and section 3(a) of the central ..... .1. the interesting question falling for consideration in this petition is whether a motor transport worker as defined in section 2(3)(h) of the motor transport workers act, 1961 (hereinafter referred to as the central act) is entitled to invoke the provisions of the madras shops and establishment's act, 1947 (hereinafter referred to as the state act) and prefer an appeal under section 41(2) of the state .....
Tag this Judgment!Court : Chennai
Reported in : (1977)ILLJ211Mad
..... entered into on the 19'h of november, 1971, as a result of certain negotiations held between the corporation and the national federation of insurance field workers of india. that inter alia provides for the minimum norms for the development officers spelling out as the procedure for dealing with the below the minimum norms ..... enactments than one', which sections shall be deemed to be sustantive enactments without any introductory words. the portion in italics was repeated without re-enactment by the interpretation act, 1831 but without any red change in the law. it was, at must, a mere direction to drafts. men and parliamentry officials without any sanction. there ..... kutrar : (1964)illj442sc .13. section 11 deals with the power of the central government to pass an order, under section 49(2)(b)(bb) of the act, the corporation can make staff regulation concerning the transferred employees as well as the existing employees of the corporation. in view of this, certainly it cannot be contended .....
Tag this Judgment!Court : Chennai
Reported in : (1977)ILLJ161Mad
..... of mr. y.k.t. chari in this regard merits acceptance.40. no doubt, the law relating to retrenchment came to be succinctly laid down in the case reported in workers of dewan tea estate v. their management : (1964)illj358sc , in that the employer will have to give proper reasons of justifications for lay-off. but in the absence of ..... continuance application penal consequences would be attracted under section 25m(4) in that the lay-off is held retrospectively legal and full pay will have to be paid to the workers. prosecution also may be launched under section 25-o.19. having regard to tins background, mr. v.k.t. chan argues in any state the employer could make ..... and not for the courts of law to decide.37. in the decision reported in the state of bombay and anr. v. the united motors (india) ltd., and ors. : [1953]4scr1069 , it was held :the act and the rules having been brought into operation simultaneously, there is no obvious reason why the rules framed in exercise of the power delegated by .....
Tag this Judgment!Court : Chennai
Reported in : (1976)2MLJ1
..... an employee will also be within the ambit of section 33-c(2). the respondents, who are all transport workers governed by the provisions cf the motor transport workers act, 1961, applied to the presiding officer, labour court, madurai, under section 33-g(2) of the industrial disputes act for computation in terms of money certain benefits and allowances they claimed to be entitled to under the ..... motor transport workers act. they claimed these allowances and benefits as having been in arrears by the employers over a number of years. a preliminary question was raised before .....
Tag this Judgment!Court : Chennai
Reported in : (1976)IILLJ218Mad
..... classification of an employee will also be within the ambit of section 33c(2). the respondents, who are all transport workers governed by the provisions of the motor transport workers act, 1961, applied to the presiding officer, labour court, madurai, under section 33c(2) of the industrial disputes act for computation in terms of money certain benefits and allowances they claim to be entitled to under the ..... motor transport workers act. they claimed these allowances and benefits as having been in arrears by the employers over a number of years. a preliminary question was raised before the .....
Tag this Judgment!Court : Chennai
Reported in : (1975)1MLJ407
..... the motor vehicles act (madras act iv of 1939) in swarnambikai motor service v. wahida motor service (1956) 2 m.l.j. (s.n.) 12. the kerala high court also took the same view in themmalapuram bus transport limited v. regional transport officer, malabar : air1957ker142 .8. section 35 of the central excise act (central act i of ..... whatever imposed on that power.4. this court in more than one decision has held that this power of the appellate authority under the motor vehicles act functioning under section 64 thereof includes the power to remand. merely by way of illustration, i shall refer to the judgment of ramachandra iyer ..... referred with approval to the decision of this court in swamambikai motor service v. wahida motor service : (1956)2mlj12 , and the decision of the kerala high court in thernmc'apuram bus transport limited v. regional transport officer, malabar : air1957ker142 , and dharmadas v. state transport appellate tribunal : air1963ker73 , referred to already.11. consequently the .....
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 : Chennai
Reported in : (1974)2MLJ78
..... employees'. the order of the learned district judge is set aside and he is directed to make a further enquiry to determine who are the workers who would fall under section 2 (9) of the act and who are not.22. in a.a.o. no. 261 of 1968, the evidence of g.p. ramamurthi, a clerk is ..... the expression 'manufacturing process' shall have the same meaning assigned to it in the factories act. the learned judge read it with the definition in section 2 (k) of the factories act and observed:this definition makes it clear that the use, sale, transport, delivery or disposal of a manufactured product does not come within the ambit of the ..... expression 'manufacturing process'. reading the definition of employee in section 2, clause (9) of the employees state insurance act along with the definition of 'factory' .....
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