Court : Allahabad
Reported in : [2008(116)FLR905]; (2008)IILLJ453All
..... .4. respondent no. 3 smt. chhaya saxena the widow moved an application before the prescribed authority under section 15 of payment of wages act for a direction to the employers for payment of rs. 35000/- as medical reimbursement spent in the treatment that was given to her late ..... and ors. arising from order dated 20.6.2006 passed by the city magistrate, kanpur nagar appointed as prescribed authority under the payment of wages act, 1936.3. the brief facts of the case are that sri a.k. sexena husband of respondent no. 3 smt. chhaya sexena was ..... fall within the purview of definition of wages under section 2(viii) of payment of wages act, 1936.8. aggrieved by the order passed by the prescribed authority, the petitioner filed appeal under section 17 of the payment of wages ..... act, which was registered as appeal no. 18/03. the appellate authority by its order dated 17.9.2003 allowed .....
Tag this Judgment!Court : Allahabad
Reported in : [1998(79)FLR592]; (1999)IIILLJ556All; (1998)1UPLBEC313
..... permanent workmen.'by the said provision employment of persons as badlies, casual or temporary for years has been declared to be 'unfair labour practice'. almost similar definition of 'unfair labour practice', contained in maharashtra act came up for consideration in chief conservator of forest v. jagannath maniti kondhare, (1996-i-llj-1223) wherein the supreme court ..... circles of the state.11. in this connection reference may also be made to the industrial disputes act, 1947 (herein after referred to as 'the act'), section 2(ra) of which has defined 'unfair labour practice' as under :'2 (ra), 'unfair labour practice' means any of the practices specified in the fifth schedule;'serial no. 10 of ' ..... unfair labour practice' contained in fifth schedule appended to the act, being relevant, in this connection, is reproduced below:'10. to employ workmen as 'badlies', casuals or temporaries and to continue them as such .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(118)FLR384]
..... for recognition of the trade union by the employer. the state of maharashtra enacted 'maharashtra recognition of the trade unions and prevention of unfair labour practices act, 1971' (the act of 1971) to provide for recognition of a trade union for facilitating collective bargaining for certain undertakings, to codify their right and obligations and ..... guaranteed under article 19(1) (a) or 19(1) (c) of the constitution.15. the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 provides for recognition of a trade union which represents the largest number of workmen working in the undertaking to acquire the status.16. in food corporation ..... except in some states like maharashtra, where recognition of unions is regulated by statute. under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 there can at any one time be only one recognised union in an undertaking with at least thirty per cent of the workmen as it .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)ILLJ1101All
..... raised an industrial dispute. state of uttar pradesh by order dated november 13, 1982, referred the dispute under section 4-k of the u.p. industrial disputes act, 1947, hereinafter referred to as act, to the labour court, gorakhpur. however, subsequently this dispute was transferred to the industrial tribunal (ii) u.p. at lucknow vide government order dated february 16, 1985 where the ..... the other hand, submitted that the petitioner is engaged in multifarious activities under the provisions of the act and the rules. the activities are systematic and organised and they are carried out with the help of the labour employed achieving the objects set under the act. the scrutiny of the activities envisaged therein leaves no doubt that the peti-tioner is an industry .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC4116; [2008(119)FLR683]; (2009)IILLJ74All
..... the petitioner dharmashala was inspected on 27.5.2008 and against the inspection note dated 27.5.2008 under the minimum wages act, 1948, the petitioner filed a representation dated 2.7.2008 to labour enforcement officer, varanasi which is appended as annexure-10 to the writ petition, inter alia that the society is a charitable ..... under clause (a) of sub-section (1) of section 3 read with clause (ii) of sub-section (1) of section 4 of the minimum wages act, 1948 (act 11 of 1948) and after consulting the advisory board and having considered the objections and suggestions received in respect of the proposals published by government notification no. 2903 ..... for children belonging to weaker section of the society only which are charging nominal fee or no fee have been exempted from class of establishment to which the act applies. the exemption clause shows that government is sincere towards propagating education amongst poor and down trodden students who are unable to get proper education, in .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]150CompCas280(All)
..... creditor, stands outside the winding up is different from distribution of proceeds of sale of the security. after examining the provisions of the state financial corporation act, 1951 the supreme court held that when the company is under winding up, the power of sale can be exercised by state financial corporation only after obtaining ..... m. zaidi, advocate appears on behalf of the respondent company; shri m.p. saraf for state bank of patiala; snri shyam narain and shri sudhanshu narain for labour units and shri rajnath n. shukla for the official liquidator. on 28.8.2008 the court allowed them time to file their response to the reference made by bifr ..... with regard to adjudication is exclusive and that the drt as an elusive tribunal for adjudication. the procedure for execution, in both the acts is inconsistent and that since rbd act is subject act act with an additional section like section 34, the leave of the company court is not necessary, under section 537 or under section 446 .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC666; (1998)2UPLBEC886
..... by it from that member. (6) the provisions of the u. p. zamindari abolition and land reforms act, 1950 (u. p. act 1 of 1951), shall in so far as they are not inconsistent with the provisions of this act, continue to govern land and the holder thereof.' '81. admission of new members.--(1) any person who ..... would defeat the purpose of forming a co-operative society. this argument is fallacious. the concept of co-operatives was developed to help the poor agriculturist labourers, landless agricultural labourers, artisans etc., to encourage them to form cooperative societies so that they can have better bargaining power and resources at their disposal. this is clearly indicated ..... have even one name of any person who may be residing in the circle. there is no averment in the petition that they were agriculturists or agricultural labourers who needed to from a co-operative society for advancement of their economic interest. there is no averment that they themselves carry on any of the agricultural .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]48ITR346(All)
..... negative fact that portion of the expenditure was not incurred as required by the section. in another decision of this court in nihori lal prabhudayal v. commissioner of income-tax [[1951] 19 i.t.r. 240.] it was observed at page 245 as follows :'learned counsel for the assessee has... urged with great force that for every finding recorded by ..... c. desai c.j. - i agree with my brother, brijlal gupta, that the question be answered in the negative.clause (x) of section 10(2) of the income-tax act applies expressly to commissions and is thus a specific provision as against clause (xv), which is a general provision. clause (xv) has now by a recent amendment been expressly made ..... business. that this is the correct position under the income-tax law is borne out by a decision of this court in shrimati indermani jatia v. commissioner of income-tax [[1951] 19 i.t.r. 342, 348.]. it was observed as follows :'... in order to claim this deduction as expenditure, the assessee had not only to prove that the .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]67ITR616(All)
..... was meant to be used, so widely, practically every receipt of money would cease to enjoy the exemption conferred by section 4 (3) (vii) of the act of the act on the simple ground that some time and effort must have been expended in receiving it. if the ambit of the term 'occupation' is to be cut ..... was, therefore only a solitary instance, under the circumstances set out hereinabove.in due course the assessee submitted his return of total income for the relevant assessment year 1951-52. in part i, section g, of the return the assessee, very properly mentioned that he had received rs. 20,000 as arbitration fee and claimed ..... as result of chance; without design; not resulting from plan; without specific motivation, special interest or constant purpose; without foresight, plan or method; occurring encountered, acting, or performed without regularity or at random; occasional.'the mere fact that the payment came within the realm of expectation and was then offered and accepted and finally paid .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1547
..... western bank ltd. and ors.- 1984 lab.i.c-1910 and orissa high court in orissa mining corporation limited v. controlling authority under payment of gratuity act, 1972- cum-assistant labour - 1995 (71) f.l.r.-144 held that nomenclature of the post is not of much importance and what is to be seen is the ..... scheme for national fertilizers limited to the effect that the service would include training period in the company, prior to absorption other than act apprentices.22. the joint secretary, government of india, labour ministry, new delhi then issued anr. letter dated 11.12.2002 in respect of employees of fertilizer corporation of india (f.c.i ..... word 'employee' has been defined in section 2(e) of the payment of gratuity act as under :-'2(e) 'employee' means any person (other than an apprentice employed on wages, not exceeding one thousand rupees per mensem, in any establishment, factory, mine, oilfield, plantation, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, .....
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