Court : Orissa
Reported in : (1998)ILLJ776Ori
..... with the corporation to notify in the official gazette extending the provisions of the act to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. section 1(6) envisages that a factory or an establishment to which this act applies shall continue to be governed by the provisions of the act notwithstanding ..... to determine contribution in certain cases. it reads as under:'45-a determination of contribution in certain cases-(1) where in respect of a factory or establishment no returas, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of section 44 or any inspector or other official ..... the manufacturing process therein ceases to be carried on with the aid of power. after its application under chapter iv, all employees in factories, or establishments to which the act applies shall be insured in the manner provided by this act. under section 39(1), the contribution payable under the act in .....
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT439; (1977)ILLJ36Ori
..... close nexus between the two and one thing flow; out of another as a consequence. the workman has claimed that ho becomes entitled to gratuity under the orissa shops & commercial establishments act and that right flows to him out of termination of service. whether he could be entitled to it is not for us to decide at this stage ..... no. 2) who was under the employment of m/s. joseph watch company (petitioner) is an employee within the meaning or section 2(6) of the orissa shops & commercial establishments act? and(2) whether he is entitled to gratuity under section 21 of the said act or under any other law for the time being in force?2. before ..... in lieu of notice. thereafter opposite party no. 2 lodged a claim before the district labour officer, cuttack, that he was entitled to gratuity under the orissa shops & commercial establishments act and the petitioner had not paid the same at the time of terminating the service. ultimately a reference was made by the state government to the industrial .....
Tag this Judgment!Court : Orissa
..... harassed. merely because e-auction has been introduced for the first time in our state, that canno.be a ground to strike down the process unless it is established that such system in any manner is detrimental to the public interest. since the state in its wisdom has taken a decision that e-auction system would fetch more ..... use may ditch the bidders and misuse his id at the instance of his opponent/competitor has nothing to do with the validity of the impugned order since in commercial world the owner himself is no.doing all the business activities but depends upon many associates in respect of important works. therefore, there is nothing wrong in the ..... for settlement by auction and the conduct of the auction. therefore, it was argued that the order of the state government to put the existing c.s. shops imifl off shops through e-auction without prescribing any rules and instructions is illegal, arbitrary and contrary to law. now, the question arises as to whether the impugned order shall .....
Tag this Judgment!Court : Orissa
..... careless whether it be true or false. but fraud in public law is not the same as fraud in private law. nor can the ingredients, which establish fraud in commercial transaction, be of assistance in determining fraud in administrative law. it has been aptly observed by lord bridge in khawaja v. secy. of state for ..... in favour of the beneficiary company. 10. whether the notifications published under section 6 of the land acquisition act declaring the proposed lands required for establishing the proposed vedanta university is in compliance with rule 4 of the rules, 1963 and the collector has determined approximate amount of compensation to be ..... was given for acquisition of lands in 22 villages mentioned therein for the proposed vedanta university by anil agarwal foundation. thereafter, the foundation deposited the establishment cost and the opinion of the law department was obtained. the entire procedure contemplated under chapter vii of the land acquisition act and the land acquisition .....
Tag this Judgment!Court : Orissa
..... careless whether it be true or false. but fraud in public law is not the same as fraud in private law. nor can the ingredients, which establish fraud in commercial transaction, be of assistance in determining fraud in administrative law. it has been aptly observed by lord bridge in khawaja v. secy. of state for ..... in favour of the beneficiary company. 10. whether the notifications published under section 6 of the land acquisition act declaring the proposed lands required for establishing the proposed vedanta university is in compliance with rule 4 of the rules, 1963 and the collector has determined approximate amount of compensation to be ..... was given for acquisition of lands in 22 villages mentioned therein for the proposed vedanta university by anil agarwal foundation. thereafter, the foundation deposited the establishment cost and the opinion of the law department was obtained. the entire procedure contemplated under chapter vii of the land acquisition act and the land acquisition .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR600
..... that section 1(5) of the e.s.i. act provides for applicability of the act to establishments or class of establishments i.e. industrial, commercial, agricultural or otherwise and section 2a provides for registration of establishments while section 39 requires contribution payable by bom employer and the employees. regulation 10-b of the ..... e.s.i. (general regulation), 1950 provides for registration of establishment by submitting declaration and 10(d) provides ..... direct compliance of the provisions of e.s.i. act by the tenderers/contractors and for payment of e.s.i. contribution by the establishment of the contractor directly. according to the opposite party-corporation, it would reduce the burden of collecting the contribution of the contractor and its .....
Tag this Judgment!Court : Orissa
Reported in : (1996)ILLJ1115Ori; 1995(I)OLR13
..... made.(i) forest organisation situated at farm road sambalpur.it is the specific case of the appellant that this forest organisation is registered under the orissa shops and commercial establishment act 1956 and is a separate entity. the service conditions of the employees working in the said organisation are different. the muster roll, books of ..... , afforestation collection and supply of bamboos. in the circumstances, there is no justification for extending the area of operation of the appellant to cover the establishment of the forest organisation. the stand of the respondent is that the appellant carries on business of manufacturing paper and paper-board and has a unit ..... orient paper mills. the conduct of the appellant in mixing up capital, finance, staff and management with the forest organisation goes a long way to establish that the forest organisation is not a separate entity.(ii) security guards employed for security of the factory having been engaged by the director of secret .....
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori180; 75(1993)CLT352
..... alia, because of the very large number of entries relating to payments made to different 'government functionaries, police-stations, out-posts and similar other government establishments'.89. in this connection shri patnaik in his written submission no. 10 has stated about the state having discharged the sovereign function because of which it would ..... common and general knowledge'; (2) the same must be 'well established and authoritatively settled, not doubtful or uncertain'; and (3) the same has to be 'within the limits of the jurisdiction of the court'. these requirements were stated ..... been stated at page 544 that the scope of this doctrine is narrow and it is strictly limited to a few matters of 'elemental experience in human nature, commercial affairs, and everyday life'. at page 576, the learned authdr has enumerated three material requisites required by the rules: (1) the matter must be of ' .....
Tag this Judgment!Court : Orissa
Reported in : (1992)ILLJ397Ori
..... transport business smoothly.in the additional counter filed by opposite party nos. 1 and 2, it has been averred that the corporation is an industry and also a commercial establishment, but not an 'industrial undertaking'. no manufacturing process is taken up in any of the units of workshops, although some of the units have taken licences ..... .j.c. no. 2414 of 1988 that petitioner dilip kumar das joined as a junior clerk on january 1, 1979 under the orissa state commercial transport corporation limited. after the said establishment was liquidated, he was appointed under opposite party nos. 1 and 2 on selection by letter dated april 9, 1984, although the nature of ..... seems to be afresh and on temporary basis. he was relieved from the orissa state commercial transport corporation ltd. on april 21, 1984 and joined at bargarh as junior clerk on april 23, 1984. therefore, though he served in two different establishments, his service is almost continuous from january 1, 1979. any way, for the purpose .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori100
..... pleadings, we are not satisfied, that the picture sought to be presented of the board (or its predecessor) being a supplicant before the petitioner for the establishment of its industry in this state, of representations made, hopes raised, vast expenditure incurred, sacrifices made, and expectations blasted, has been either complete or ..... extent as may be sanctioned by the state government, be paid out of capital.' according to the petitioner, the board has not been constituted as a commercial adventure for earning profits. the preamble categorically provides the objects to be (i) rationalisation of production and supply of electricity, (ii) taking measures conducive to ..... dispute. the preliminary objections, therefore, fail.15. our conclusions therefore, are:--(1) the writ application is maintainable;(2) the petitioner has failed to establish that the state government or its successor board is bound by the promissory estoppel set up by it;(3) the agreements provide supply of hydel power .....
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