Judgment Search Results Home > Cases Phrase: payment of wages act 1936 section 4 fixation of wage periods Court: orissa Page 1 of about 67 results (0.108 seconds)

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... ' and there being no difference between the functions of employees of a 'port' or a 'major port'. hence it is argued that the application of the payment of gratuity act cannot be denied to the employees of a major port.10. it is not disputed that the pradeep port trust was declared to be a 'major port' ..... learned counsel for the petitioner-trust emphasized that the expression "major port" in clause-(a) of sub-section (3) of section 1 of the payment of gratuity act, which provides for the application of the act to factories, mines, shops, etc. learned counsel for the opposite parties, on the other hand, contended that the word "port" encompasses 'major ..... . the short question that arises for determination in this writ petition is whether the paradeep port trust, a major port is governed by the payment of gratuity act, 1972, hereinafter referred to as 'the act' for brevity.2. some of the retired employees of the petitioner-trust, i.e. paradeep port trust have filed several petitions before the .....

Jagannath Barik Vs. Orissa Khadi and Village Industries Board and ors.

Court : Orissa

Reported in : (1998)IIILLJ479Ori; 1995(I)OLR430

..... of earned leave (180 days). it is relevant to note here that sections 7, 9, 10, 11, 12, 12a and 13 of the payment of wages act contain provisions regarding deductions from wages. section 7(2)(c) makes specific provision for deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or ..... of rs. 19,669.39. the said order was not challenged by the delinquent. as such, the amount is recoverable from the wages which as defined in section 2(vi) of the payment of wages act include all remuneration whether by way of salary, allowance or otherwise. therefore the labour court was clearly in error in holding that the ..... towards last month's pay and earned leave encashment. in ojc no. 2731/1990 the petitioner has prayed for quashing the order of the controlling authority under the payment of gratuity act-cum -assistant labour commissioner, cuttack in p.o. case no. 15 of 1988 (annexure-2) declaring that the applicant jagannath barik is entitled to receive rs .....

Prakash Chandra Purohit Vs. Industrial Tribunal and anr.

Court : Orissa

Reported in : 48(1979)CLT317

..... , 1975. he further submitted that according to sub-clause (g) of clause 2 of the standing orders 'wages' means 'wages' as defined in the payment of wages act, 1936. 'wages' as defined under section 2(vi) of the payment of wages act, 1936, does not include any travelling allowance or the value of any travelling concession. his further submission is ..... that conveyance allowance/travelling allowance is only given to the employees towards the expenses they incur while going to work. as the petitioner has not actually worked for three months, for which he has been paid the wages ..... of clause 31 of the standing orders. the petitioner has been given his wages as required under clause 31 of the standing orders and no further payment of one month's wages is provided in section 33(2)(b) of the act is required and in any view of the matter, the orders under annexures .....

Food Corporation of India Workers' Union Vs. Food Corporation of India ...

Court : Orissa

Reported in : 99(2005)CLT150; (2005)IILLJ753Ori; 2005(I)OLR205

..... court and the provisions of section 6 read with section 1(6) of the payment of wages act, 1936. section 1(6) of the payment of wages act, 1936 provides that nothing in the said act shall apply to wages payable in respect of a wage period, which over such wage period, average one thousand six hundred rupees a month or more. at a meeting ..... petitioner has relied on the provisions of section 6 of the payment of wages act, 1936, section 11 of the minimum wages act, 1948, section 2(22) of the employee's state insurance act, 1948, section 2(21) of the payment of bonus act, 1965, section 2(s) of the payment of gratuity act, 1972 and article 43 of the constitution to show that food ..... are required for maintaining law and order situation and other emergencies. he submitted that sub-section (6) of section 1 of the payment of wages act, 1936 provides that it shall not apply to wages of sixteen hundred rupees a month or more and most of the departmental and d.p.s. workers of food corporation of india .....

District Transport Manager, State Transport Vs. Satrughana Guru and an ...

Court : Orissa

Reported in : AIR1970Ori121

..... moham-mad shamsuddin, air 1951 pat 140 took the same view and held that a review of the provisions of the payment of wages act very clearly establishes that the authority under section 15 of the wages act acts as a court. he is bound to decide judicially the matter in dispute before him and has to give his ..... 1. opposite party satrughana sahu, who is a driver of the state transport service. sambalpur filed an application under section 15(2) of the payment of wages act (hereinafter referred to as the wages act) through the general secretary of the all orissa transport employees union, sarnbalpur for realisation of rs. 15,601.30 p. towards his dues on ..... manner. having laid down the tests, their lordships proceeded to observe that the provisions of the payment of wages act, 1936, and the rules make it perfectly obvious that the 'authority' under section 15 of the payment of wages act performs the delegated judicial functions of the state and in exercising its functions it proceeds in a .....

Madhu Sethi and anr. Vs. Bishnu Sethi and ors.

Court : Orissa

Reported in : AIR1982Ori204

..... . it was argued before the supreme court that the provisions contained in order 6, rule 18, civil p. c. did not apply to proceedings under the payment of wages act. so the failure to carry out the amendment could not deprive jerry as leave to amend had been granted. in that context the supreme court observed (para ..... dilbagh rai jerry v. union of india (air 1974 sc 1'30). that case arose out of an application filed by jerry under the payment of wages act, he claimed certain amount as his wages. he further claimed certain amount as travelling allowance. during the pendency of the application, he sought amendment of the application by replacing 'travelling allowance ..... code do not, hi terms, apply to amendment of an application under section 15(2), the authority is competent to devise, consistently with the provisions of the act and the rules made thereunder, its own procedure based on general principles of justice, equity and good conscience. one of such principles is that delay defeats equity .....

Saumya Ranjan Patnaik Vs. State of Orissa

Court : Orissa

Reported in : 1995CriLJ4239

..... pasayat, j.1. the only point involved in this application is whether application made by the complainant in terms of section 15(3) of payment of wages act, 1936 (in short, the 'act') can be treated as a criminal complaint, or has to be dealt with by the concerned court according to procedure applicable to a court of ..... civil jurisdiction.2. section 15 of the act deals with claims arising out of deductions from wages, or delay in payment of wages and. penalty for malicious or vexatious claims. state government is empowered to appoint by a notification in the official gazette ..... be deemed necessary, without prejudice to any other penalty -to which such employer or other person is liable under the act, direct the refund of the amount deducted or direct payment of delayed wages together with payment of such compensation as may be deemed proper. the maximum compensation is restricted to ten times amount deducted in the .....

Rameshwar Lal and anr. Vs. Jogendra Das

Court : Orissa

Reported in : AIR1970Ori76

..... of witnesses and compelling production of documents. section 22 bars the jurisdiction of civil courts in all matters which can be decided by the authority under the payment of wages act. it would thus be noticed that the remedy is to some extent a summary remedy and to the extent to which the jurisdiction can be exercised ..... the authority. hence the authority invested with jurisdiction under the payment of wages act is not a court subordinate to the high court within the meaning of section 115. c. p. c.'3. the present revision application is directed not ..... criminal procedure code, would not lead to the inference that the authority is a civil court. x x x x x x x. the authority created under section 15. payment of wages act, is not subject to the appellate jurisdiction of the high court. that section, therefore, does not give the high court jurisdiction to interfere with the orders of .....

Minerals and Metals Trading Corporation of India Limited Vs. State of ...

Court : Orissa

Reported in : [1987]65STC129(Orissa)

..... completion of the assessment of the period to which the claim relates.(ii) a registered dealer who wishes to purchase goods from another dealer without payment of tax at the rate applicable under the act for the purpose specified in his certificate of registration, shall obtain on application affixed with a fee of five rupees for every twenty-five blank ..... the buyer. where the buyer is a registered dealer, upon furnishing declaration in terms of section 5(2)(a)(a)(ii) of the act he is entitled to exemption from payment of sales tax and the payment of tax is shifted and deferred to a point where the sale takes place in favour of a consumer, an unregistered dealer or is ..... in orissa and such resale should be subject to levy of tax under the o.s.t. act. but subsequently, in violation of the declaration, they have sold the same in course of inter-state trade or commerce or export and avoided payment of tax. normally the tax should have been paid at the first point and the petitioners could .....

Surendra Kumar Agarwal Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2009(II)OLR407

..... .12. rule 16 of 2007 rules provides for compounding offence by the competent authority in exercise of power under section 23a of the mmdr act, either before or after the institution of prosecution, on payment of such sum as may be specified, with the approval of the director of mines/any officer authorised by the director.13. learned counsel ..... to make a complaint to the court with respect to that offence, on payment of such amount as may be specified by that persons.10. the 2007 rule has been enacted by the state government in exercise of power under section 23c of the mmdr act for prevention of theft, smuggling and illegal mining and to regulate the possession, ..... for the petitioner submits that as section 22 of the mmdr act read with rule 15 of the 2007 rules clearly provides that no court shall .....