Judgment Search Results Home > Cases Phrase: payment of wages act 1936 section 4 fixation of wage periods Court: orissa Page 4 of about 67 results (0.074 seconds)

Najib Mohammad and anr. Vs. Rahman Khan and ors.

Court : Orissa

Reported in : AIR1952Ori131

..... 1. notices are served in the -ordinary way through officers of the revenue court and the presumption undersection 114(e), evidence act, would arise in respect of such notices until the contrary was proved. the non-payment of arrears might be due to the carelessness of the proprietors, but the civil court has no power to interfere with a ..... s. k. shaw & bros. v. brij raj krishna', air (36) 1949 pat 474, where an irregular payment was held not to come within the term 'non-payment' which alone would give jurisdiction to the tribunal. an instance of an act in contravention of the statute is afforded by the case of the municipal committee, montgomery v. master sant singh', air ..... respect of a share in a touzi are meant to provide for the facility of payment of the separate share of the government revenue direct to the government and for a limited protection provided under sections 13 and 14, land revenue sales act, against the revenue-sale affecting the separated share so long as the portion of the .....

Sambunath Battacharjee Vs. Orient Paper Mills

Court : Orissa

Reported in : (1995)ILLJ159Ori

..... .1. common appellate order in two appeals under section 17 of the payment of wages act, 1936 (hereinafter referred to as 'the act') one by the employee and the other by the employer resulting in dismissal of the application under section 15 of the act claiming unpaid wages and bonus, is grievance of the employee in these two revisions.2. ..... clear by legislation by amending section 15 in 1964 authorising the authority to decide ancillary matters relating to payment of wages. since section 15(2) provides that deduction from or delay in payment of wages contrary, to the provisions of the act gives cause of action to an employee, authority has to examine, if raised by parties, whether ..... to work. therefore, deduction under section 7(2)(b) for this period is in contravention of provisions of the act petitioner is entitled to a direction for payment for this period.9. next period for which wages have not been paid is from december 20, 1985 and january 16, 1986. during this period, petitioner after .....

Executive Engineer, Electrical, Jajpur Elec.Division at/Po. Jajpur Tow ...

Court : Orissa

..... his discontinuance. it was further pleaded that the employer being an industrial establishment was liable to preserve the registers and records required to be maintained under the payment of wages act for a period of three years only after the last entries made therein. the workman was required to adduce strict proof of the period of his engagement. ..... working as casual labour under the management of erstwhile orissa state electricity board (for short 'o.s.e.b.'). consequent upon the operation of orissa state electricity reform act 1995, all the assets and activities of o.s.e.b. were transferred to the grid corporation of orissa ltd. with effect from 1.4.1996. as ..... working under the employer from 1988 till 25.4.1990. he was refused employment from 26.4.1990 by the employer without compliance of the provision under the act. the workman made several representations which were not considered by the employer. even after refusal of employment to the workman, the employer had employed 44 persons as .....

Taicher Coal Mines Employees' Union Vs. Taicher Colliery and Ors.

Court : Orissa

Reported in : (1994)IIILLJ747Ori

..... a period of 8 days from certain category of employees of talcher colliery with the aid of the proviso to section 9(2) of the payment of wages act, 1936 (shortly stated, the act), has been assailed in this application under article 226 of the constitution principally on two grounds, viz.: (i) the deduction was in violation of the principles of ..... bring home this submission, reliance has been strenuously placed by the learned counsel on mechanical superintendent, visakhapatnam port trust v. authority under the payment of wages act a.i.r. 1969 a.p. 200. our attention has been particularly invited to the observation made in para 6 of this judgment wherein it was stated ..... authority is competent to decide the question whether a particular deduction has been made contrary to the provisions of the payment of wages act and all other questions incidental to such decision. ..' the aforesaid observation, therefore, does not substantiate the contention of sri palit, learned counsel also refers us in .....

Regional Director, Esic Vs. P.B. Gupta

Court : Orissa

Reported in : 76(1993)CLT893; [1994(68)FLR666]; (1994)IILLJ19Ori

..... pay the demand in question. 4. the e.s.i. court after analysing the provisions of the act and noticing different decisions placed before it came to the conclusion that overtime payments are not 'wages' under the e.s.i. act and accordingly allowed the application filed by the present respondent and held that the said respondent was not ..... between the employer and the employees. under any of the sections of e.s.i. act, there is noprovision for payment of overtime wages. such provisions have been made in the factories act the construction and legal import of the definition of 'wages' are to be found by reference to the language used and object and the context of ..... gets for overtime work paid by the employer for determining whether he is an employee under the act or not and by giving a harmonious construction to the legislation in question came to hold that the expression 'wages' would not include payments made for overtime work. 9. let me now notice the contrary view expressed by the andhra .....

Arabinda Panda Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2001(I)OLR233

..... in the district of jajpur and for a further direction to the superintendent to approve the appointment of the petitioner w.e.f 11.9.1 996 and for payment of arrear salary.2. the case of the petitioner is that damodar tol at balibil, in the district of jajpur was a madhyama institution entitled to have one ..... have no application so far as appointment in unaided institutions are concerned. the learned addl. government advocate has not been able to cite any provision contained in the act or the rules governing appointment of teachers in an unaided educational institution. on the other hand, rule 30 (k) of the 1991 rules prescribes that the management ..... requisite qualification for such appointment. now the question is as to whether the appointment of the petitioner was regular, legal or not. section 10 of the orissa education act runs as follows :'10. conditions of service of the staff of aided institutions : (i) the qualification required for appointment as a teacher and other members of the .....

State Bank of India Vs. Glass Decorate and ors.

Court : Orissa

Reported in : 2008(I)OLR970

..... under sub-section (2), the recovery officer shall proceed to recover the amount as if it was a certificate in respect of a debt recoverable under the act. there is no requirement of payment of fee under section 31a nor is it so required under section 31. it has been made clear under the second proviso to section 19(3) that ..... cases transferred to the tribunal under sub-section (1) of section 31.it is clear from the aforesaid second proviso that the stipulation about payment of application fee under section 19(3) of the said act does not apply to the cases where the case is transferred to the tribunal.it is essentially because of transfer, the instant case is a ..... of the decree before the drt. by the impugned order at annexure-2 the registrar of drt did not register the application due to non-payment of application fees as per section 19 of the said act read with rule 7 of the debts recovery tribunal (procedure) rules, 1993 (in short, the 'said rules'. against the said order the petitioner .....

Shree Plastics (P) Ltd. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2008(I)OLR254; (2008)16VST122(Orissa)

..... it commences and; (iii) what are those goods which are exempted from payment of octroi.a conjoint reading of section 188-a of municipal act and government notification dated 25.6.1997 issued under section 188-a quoted above, makes it amply clear that (i) only new industrial units ..... municipal administration & ex-officioaddl. secretary to government.now on the basis of section 188-a of municipal act and notification dated 25.6.1997 cited above, three things are to be determined i.e., (i) who is entitled to get exemption from payment of octroi under i.p.r. 1996, (ii) what is the period of exemption and when ..... a period of 5 years from the date of its commercial production will be exempted from payment of octroi.in the counter affidavit filed by opp. parties 4 and 6, it is stated that under section 188-a of the orissa municipal act the government alone after consultation with the municipality may by notification exempt any class of commodity .....

State Vs. Radhagobinda Das and ors.

Court : Orissa

Reported in : AIR1954Ori1

..... endorsement 'to trying 'magistrate for needful'. on that very day, that is, on 28-4-1952, the criminal case against nathmal jajodia and sitaram jajodia under section 7 of act 24 of 1946 was transferred to the file of sri c. v. murti, magistrate first class, for favour of disposal according to law. after several dates, the trying magistrate ..... cognisance had not till then been taken of the case & this letter is very likely to influence the sub-divisional magistrate in taking cognisance of the case, which act is a judicial act, and, as appears from the provisions of section 204, criminal p. c., is discretionary with the sub-divisional magistrate.mr. rao contends, in any view of ..... the home department of the government also had issued letter dated 24-8-50 with similar directions. but in spite of our repeated warnings and directions, if such an act comes to our notice which has a definite tendency of interfering with the fair trial, we are definitely of the view that if we do not take any serious .....

Keshab Chandra Choudhary Vs. Lokenath Jena and ors.

Court : Orissa

Reported in : AIR1951Ori186

..... is the collector in both the oases.13. it has been held, uniformly, by the calcutta high court that the transfer of a tenure under the bengal act becomes complete on payment of the requisite fee to the landlord and the cost of transmission thereof. as early as 1889 it was held by petheram c. j. in kristo bulluv ..... give his consent on receipt of the customary mutation fee not exceeding 25 per cent, of the consideration money expressly dispensed with the consent and the payment of mutation fee in the amending act of 1938 and kept completely silent as regards the right of the landlord to receive notice, the reasonable inference is that that right continues to exist ..... transfer. such, an application gave notice of the transfer to the landlord as required by the common law as well as by old schedule 3, bangal tenancy act. the next step was the payment of mutation-fee which was fixed at a maximum of 25 per cent of the consideration money. the word maximum' has great importance. prior to 1913, .....