Court : Gujarat
Reported in : [2001(88)FLR1025]; (2000)3GLR2212; (2001)ILLJ497Guj
M.R. Calla, J. 1. These two First Appeals involve common question of law based on identical facts, and therefore, I propose to decide both these Appeals by this common judgment and order. 2. First Appeal No. 296 of 1980 is directed against the judgment and order dated November 26, 1979 passed by the Employees' Insurance Court at Ahmedabad in Application (E.S.I.) No. 76 of 1974, declaring that the attendance bonus paid by the applicant to its workers under the scheme Annexure-A to Exh. 1 is not covered under the definition of the term 'wages' under Section 2(22) of the Employees' State Insurance Act, 1948 and the Employees' State Insurance Corporation was not entitled to recover from Accumax Ltd., Rajkot, the contributions with regard to the said amount paid by the applicant to its employees. 3. First Appeal No. 297 of 1980 is directed against the order dated September 24, 1978 passed by the Employees' Insurance Court, at Ahmedabad in Application (E.S.I.) No. 63 of 1973 whereby a simila...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1201; [1998(79)FLR338]; RLW1998(2)SC196; 1998(1)SCALE494; (1998)2SCC443
ORDER1. The respondents, who are Moharirs/peons working with the appellant Municipal Council, Hatta, filed an application under Section 22 of the Minimum Wages Act, 1948, before the Competent Authority (Labour Court) under the Minimum Wages Act, 1948 for payment of overtime on the ground that they were working for 4 additional hours everyday. Their application for the period 1.2.82 to 31.3.83 has been allowed and the Writ Petition which was filed by the appellant before the High Court has been dismissed. 2. The respondents who are employees of the appellant - Municipal Council are governed by the provisions of Madhya Pradesh Municipalities Act, 1961. Under Section 95 of the Madhya Pradesh Municipalities Act, the State Government is entitled, inter alia, to make rules in respect of scale of pay and all allowances by whatever name called and other service conditions of Municipal Employees. Pursuant to the power so vested, the Madhya Pradesh Municipal Services (Scales of Pay and Allowance...
Tag this Judgment!Court : Kerala
Reported in : (1994)ILLJ840Ker
T.V. Ramakrishnan, J. 1. The question arising for consideration in this original petition is whether under the provisions of the Kerala Toddy Workers' Welfare Fund Act, 1969 (for short 'the Act'), an employer is liable to pay contribution on twice the wages payable to an employee who actually works on a day which he is entitled to treat as a holiday with wages?2. The petitioner was the contractor of Toddy Shop No. 12 in the Quilon Range at Pullikkada in Quilon, during the year 1983-84. Under the Act, every employer is liable to pay contribution to the Toddy Workers' Welfare Fund constituted under Section 3 of the Act at the rate fixed as per Section 4 on the amount of 'wages' payable to the employees engaged by him in the manner provided in the Act. The Toddy Welfare Fund Inspector is to determine the quantum of contribution payable following the procedure prescribed in Section 8 of the Act. As per the final order of assessment passed, the petitioner's liability for contribution for th...
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR512
1. This revision is by the agent of the Central Bank of India who challenges his conviction under Ss. 52(f) and 52(b) (Bombay Shops and Establishments Act. 1948) for contravention of rule 18(10) of the rules framed under the Act, Ss. 63(1) and 18(2) of the Act, respectively. The conviction relates to the failure of the applicant to observe the rules in regard to a person, who is a police watchman by name Amirmiya. It appears that the Central Bank had requested the District Superintendent of Police of Ahmedabad to provide a watchman for the bank. The District Superintendent of Police sent some names of retired policemen to the Central Bank of India for selecting one of them. Those persons were interviewed by the bank authority and Amirmiya was selected for the post of watchman. The District Superintendent of Police was informed accordingly by the letter, Ex. 20. Thereupon the District Superintendent of Police issued an order dated 24 January 1959 appointing Amirmiya as Ramoshi in the Ce...
Tag this Judgment!Court : Mumbai
Reported in : (1960)ILLJ770Bom
Shah, J.1. The petitioners are a limited liability company incorporated under the Indian Companies Act. They carry on the business of manufacturing and selling cotton textile goods. The petitioners have two factories in Ahmedabad : one is popularly known as the Calico Mills and the other as the Jubilee Mills. These two factories are situated in different localities separated by a distance of about four miles. For transporting raw materials and finished goods from one factory to the other the petitioners maintain a fleet of motor lorries and for driving those motor lorries and for driving those motor lorries they employer motor-drivers. On 21 April, 1948, an award was made by the industrial court standardizing the wages of all workers employed in the textile industry in the town of Ahmedabad. This award did not apply to lorry-drivers. By another award dated 1 November, 1951 the industrial court fixed the minimum wages payable to the lorry-drivers at Rs. 48 per month, and regarding the h...
Tag this Judgment!Court : Karnataka
Reported in : (1968)ILLJ779Kant; (1967)2MysLJ420
ORDERChandrashekhar, J.1. These petitions arise out of the common order of the labour court Habit, in Applications (LCH) Nos. 101, 138, 139 and 140 of 1965. Those applications were made under S. 33C(2) of the Industrial Disputes Act, 1947, by the employees working in different departments of the Town Municipal Council at Athani. 2. In Writ Petition No. 973 of 1966, arising out of Application (LCH) No. 138 of 1965, 50 employees had claimed 'washing allowance' and the cost of uniform dress. In the remaining three cases, the claims of the employees were for overtime wages and for wages for work done on weekly off days. 3. The petitioner-municipal council resisted all three claims of the employees. The labour court disallowed the claim for cost of the uniform for the employees, but directed the municipal council to supply the uniform to those 50 employees. Their claim for 'washing allowance' was allowed in full. In the three remaining cases, the claims of employees for overtime wages and f...
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR102; 2000(3)BomCR411; 2000(3)MhLj144
ORDERB.H. Marlapalle, J.1. The petitioner-Municipal Council has challenged the legality of the order passed by the learned Presiding Officer, Labour Court at Sangli on 5th July, 1991 by which three different applications i.e. Application No. 69 of 1990, Application No. 75 of 1990 and Application No. III of 1990 under section 33-C(2) of the Industrial Disputes Act, 1947, came to be allowed for the claim for recovery of over time wages.2. The respondents-employees claim in the applications filed before the Labour Court that they had worked as drivers and cleaners with the Municipal Council and though originally they were required to perform the duty of eight hours, sometime in 1968, a circular was issued changing their duty hours as well as the place of work. Subsequent circulars, issued till 1984, were also filed along with the applications to show that these claimants were working for more than eight hours and almost for 12 hours everyday. It is also contended that the employees were c...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD742; 2004(3)ALD742; [2004(102)FLR406]; (2004)IIILLJ245AP; (2004)IIILLJ245SC
Elipe Dharma Rao, J.1. The appellant filed this appeal against the Order dated 19.11.1998, passed in E.I. Case No. 42 of 1997 on the file of the Employees Insurance Court and Chairman, Industrial Tribunal-I, at Hyderabad, wherein the learned Chairman dismissed the application, which was filed under Section 75(1)(g) of the Employees' State Insurance Act, 1948, (for brevity the Act) praying to set aside the demand notice dated 9-6-1997.2. The brief facts of the case are that the appellant is a Company registered under the provisions of Companies Act. It has entrusted with the work of manufacturing of soft drinks and aerated water i.e., Thums up, Gold Spot etc., and accordingly, it engaged 120 workmen including casual and piece rate employees for the said purpose. It is submitted that for each shift the petitioner is able to produce 3,000 crates, as against the installed capacity of 6,000 crates. To encourage more production, the petitioner has introduced the payment known as 'Inani', whi...
Tag this Judgment!Court : Mumbai
Reported in : 2002(5)BomCR43; (2002)IIILLJ277Bom
S.J. Vazifdar, J.1. Learned counsel appearing on behalf of the petitioners in the above petitions agreed that the decision in Writ Petition No. 1623 of 1991 will decide the fate of all the above petitions. We have, therefore, confined the consideration of facts to Writ Petition No. 1623 of 1991.2. The petitioner is a registered trade union, representing, inter alia, 235 security personnel, listed at exhibit A to the petition (hereinafter referred to as 'registered security guards or as security personnel'). Respondent No. 1 is a statutory corporation, initially established under the International Airports Authority of India Act, 1971. Under Section 3 of the Airports Authority of India Act, 1994 the Central Government constituted the Airports Authority of India. Under Section 13(1) the undertakings of the International Airports Authority and the National Airports Authority were transferred to and vested in the Airports Authority, Under Section 13(2) the undertaking of the IAAI and NAA i...
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT788
K.K. Denesan, J. 1. Petitioner, a Head Nurse working in the Taluk Head Quarters Hospital, Thirroorangadi in the Health Services Department of the State has approached this Court with the grievance that she is required to do continuous duty for 14 hours at a stretch for 6 days consecutively. 2. A few facts may be noticed. The strength of the nursing staff in Govt. Taluk Head Quarters Hospital, Thirrorangadi is 44, out of which 36 Nurses are Staff Nurses and 8 are Head Nurses. 4 Staff Nurses are working in other hospitals on working agreements. Similarly 2 Head Nurses are working in other hospitals. The strength of the Nursing Staff in the above hospital is thus reduced to 30. Government have introduced shift system in some of the Government Hospitals. Since shift system is not introduced in the Govt. Taluk Head Quarters Hospital, Thirroorangadi, members of the Nursing Staff are compelled to work for 14 hours a day at a stretch. Petitioner is working 14 hours a day and she is allowed to ...
Tag this Judgment!