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Judgment Search Results Home > Cases Phrase: payment of wages act 1936 section 4 fixation of wage periods Page 1 of about 1,500 results (0.132 seconds)

May 07 1997 (HC)

Panther Power Kamgar Sanghatana and Others Vs. Y.C. Jhalani, Executive ...

Court : Mumbai

Reported in : 1998(3)ALLMR30; 1998(3)BomCR160; [1998(79)FLR414]

..... petition is not maintainable. the learned advocate once again seems to be conveniently ignoring the fact that as per section 1(6) of the payment of wages act, the provisions of the said act are not applicable to the present case.9. the second ground challenge regarding the maintainability of this petition is that the respondent nos. 1 ..... one thousand six hundred rupees a month or more.' by reading the provisions of section 1(6) it is clear that the provisions of the payment of wages act are not applicable to wages which average at rs. 1,600/- or more per month. there is no dispute that there is no employee with the respondents management in ..... to add and he submitted written points of argument mainly on the ground of alternate remedy available to the petitioners-employees to claim wages from the employer, namely, the remedy under the payment of wages act, 1936. we, therefore, wish to decide the first objection raised by the management regarding the maintainability of the writ petition in .....

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Jan 29 2008 (HC)

Ruby Coach Builders Limited Vs. Shri P.S. Ghose, Member, Industrial Co ...

Court : Mumbai

Reported in : [2008(117)FLR143]; 2008(4)MhLj270

..... 27-1-1994. 7. section 3 of the payment of wages act, 1936 states that every employer shall be responsible for the payment of persons employed by him of all wages required to be paid under the act. section 4 of the said act deals with fixation of wage periods and sub-section 5 states that wages of every person employed in a factory or ..... the petitioner was required to pay wages for the period of suspension of operation which right flows from the standing orders. ..... by the complainant union were denied their wages for the month of june 1993 and this was certainly an act of unfair labour practice within the meaning of item 9 of schedule iv of the act in as much as the petitioner company did not comply with the requirements of the payment of wages act, 1936. it is not disputed that .....

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Aug 04 2018 (HC)

Federation of Okhla Industrial Association (Regd.) vs.lt Governor of D ...

Court : Delhi

..... as may be authorized within such time and subject to such conditions as may be prescribed. (2) nothing contained in this section shall affect the provisions of the payment of wages act, 1936 (4 of 1936). xxx xxx xxx 27. power of state government to add to schedule.- the appropriate government, after giving by notification in the official ..... procedure for fixing and revising minimum wages.- (1) in fixing minimum rates of wages in respect of any scheduled employment for the first ..... by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated: provided that where any wage-periods have been fixed under section 4 of the payment of wages act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. xxx xxx xxx 5. .....

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Mar 29 2006 (HC)

CochIn Mazdoor Sangh Vs. Bobby

Court : Kerala

Reported in : [2006(110)FLR926]; 2006(3)KLT317; (2006)IIILLJ702Ker

..... by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be indicated;provided that where any wage periods have been fixed under section 4 of the payment of wages act, 1936 (iv of 1936), minimum wages shall be fixed in accordance therewith.7. a perusal of section ..... 3(3) of the act would clearly manifest that in fixing or revising minimum rates of wages, different minimum rates of wages for different employments in the ..... placed objections before the respondents questioning the validity of the same. the notification, ext.p1, issued by the government under section 9 of the minimum wages act revising/fixing the minimum wages of the employees engaged in the cinema theatres in the state of kerala was challenged/on the same grounds as urged in o.p. no. .....

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Sep 29 1969 (HC)

The Management of Southern Roadways (P.) Limited Vs. D. Venkateswarlu ...

Court : Chennai

Reported in : (1971)1MLJ97

..... of 'wages' in section 2(vi) of the payment of wages act which is under consideration in the instant case. under the minimum wages act minimum wages are undoubtedly 'wages' and in view of the identity of the definition of the term 'wages' in both the acts, it must follow that minimum wages are also wages under the payment of wages act.hence ..... payment of wages under section 15(2) of the payment of wages act', it did refer to the fact of the payments having been delayed beyond the wage periods and the time of payment fixed under sections 4 and 5 of the payment of wages act, thereby showing that the delayed payment of wages referred to in section 15(2) of the payment of wages act ..... must be held that notwithstanding the provisions contained in section 33-c(2) of the industrial disputes act, the payment of wages act will prevail, and therefore the authority under section 15 of the payment of wages act alone will have jurisdiction to determine the claims. for more than one reason i am unable to .....

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Aug 05 1985 (HC)

Mandegam Radhakrishna Reddy Vs. Sri Bharathi Velu Bus Service and Pres ...

Court : Andhra Pradesh

Reported in : AIR1986AP102; (1986)ILLJ336AP

..... labour court cannot be regarded as a court of general jurisdiction, it is as much a special tribunal as the authority appointed under the provisions of the minimum wages act or the payment of wages act. each of these tribunals has jurisdiction in respect of matter specified in the enactment constituting them and in any other enactment. there may be overlapping of jurisdiction of these ..... his, if a narrow interpretation is placed on s. 33-c(2), the workman will have to file an application for recovery of wages in respect deduction from wages or delay in payment of wages before the authority under the payment of wages act and for the recovery of other amounts, before the labour court under s. 33-c(2) which will cause hardship to them. on .....

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Nov 22 1957 (HC)

Ruldu Ram and ors. Vs. the Divisional Superintendent Northern Rly., Fe ...

Court : Punjab and Haryana

Reported in : AIR1959P& H166

..... the present petition for revision.3. mr. harbans lal sarin, who appears on behalf of the petitioners, has invited attention to sections 3, 7 and 15 of the payment of wages act, 1936. the provisions of section 7 are material and it is provided by sub-section (1) of the aforesaid section that notwithstanding the provisions of sub-section (2) ..... were to be found in paragraphs 8 and 9. the position taken up was that no reduction had been made and the matter was outside the scope of the payment of wages act, 1936, and that the action of the railway authorities did not amount to 'deduction of pay'.in the written statement filed subsequently on 14-1-1954, in ..... been referred by kapur j. for decision by a division bench on the point whether the reduction in wages in the circumstances of the present case falls within the words 'deduction in wages' within the meaning of section 7 of the payment of wages act (act no. iv of 1936). (2) briefly the facts are that the petitionersruldu ram, hari kishan and .....

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Dec 21 1962 (HC)

Divisional Personnel Officer, Western Railway, Ajmer Vs. Brijkishore K ...

Court : Rajasthan

Reported in : AIR1964Raj66

..... contention of mr. gupta and virtually the observations is that case are against him.8. on merits also the reasons on which the authority under the payment of wages act determined the question, as has already been discussedabove, are not sound and the learned counsel ofbrijkjshore khanna could not support them. hehas referred to other grounds ..... (4) para second.' 3. the learned counsel of brijkishore khanna has conceded that the logic of the observations referred to above of the authority under the payment of wages act is not sound and the learned counsel is right for the reason that the observations of the authority in this behalf are misconceived on their very face. ..... the opposite party brijkishore khanna being dissatisfied with the said order of the general manager of the western railway filed an application before the authority under the payment of wages act under section 15 and he claimed that the order of his fixation at rs. 110/- was not proper and that the order of deductions at rs. .....

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Feb 07 2023 (HC)

Indian Coffee Workers Co Operative Society Ltd Vs. The Senor Labour In ...

Court : Karnataka

..... any other labour enactment - 11 - wp no.22751 of 2021 including the authority under the minimum wages act and/or the payment of wages act would also not have jurisdiction to decide any dispute and/or claim as minimum wages or payment of wages. 5.6. he refers to the decision of the hon ble apex court in the case of ..... order on a representation but however, a properly instituted dispute could be considered.4. thereafter, the respondent-workmen approached the authority under the minimum wages act seeking for payment of minimum wages. the said authority, - 8 - wp no.22751 of 2021 vide its order dated 27.10.2021 upheld the contention of the workmen and directed ..... judgment of the supreme court reported in ghaziabad zila sahkari bank (supra) and in krishan prasad gupta (supra), neither the payment of wages act, 1936 has any application nor the provisions of the industrial disputes act have any application and the only remedy available to the respondent no..2 in the given facts of the case is in .....

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Jul 13 2016 (HC)

State of Tamil Nadu, rep. By its Secretary, Chennai and Another Vs. M/ ...

Court : Chennai

..... of the act contemplates minimum rates of wages and the same is extracted hereinbelow for reference :- 4. minimum rate of ..... wages.- (1) any minimum rate of wages fixed or revised by the appropriate government ..... the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:] provided that where any wage-periods have been fixed under section 4 of the payment of wages act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. 29. section 4 .....

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