Court : Supreme Court of India
Reported in : AIR2005SC3446; 2005(5)CTC629; [2005(107)FLR737]; JT2005(8)SC315; (2005)IIILLJ854SC; (2005)7SCC584
..... is proposed to make express provisions in this behalf in the state bank of india act, 1955 and the enactment relating to the other public sector banks.the bill seeks to achieve the above objects. ..... similar provisions numbered as section 12a were introduced in the banking undertakings acts.the statement of objects and reasons, which accompanied the bill which later became the amending act, reads thus:'in an award notified as 14.1.1984, the central government industrial tribunal, madras held that the employees of the state bank of india covered by the award should be paid bonus at the rate of one month's substantive pay every half year on the ground that this has also along been ..... writ petition filed against this award is pending in the madras high court.all public sector banks including the state bank of india come under the purview of the payment of bonus act, 1965, and the intention is that no bonus other than what is required to be paid under the payment of bonus act, 1965, shall be paid to the employee of the state bank of india or of any other pubic sector bank. ..... position which is almost undisputed is as follows:-by the amendment act, state bank of india act, 1955 (in short the 'state bank act') and state bank of india (subsidiary banks) act, 1959 (in short the 'subsidiary act') and banking companies (acquisition and transfer of undertakings) acts, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 (in short 'the undertakings acts') were amended. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1011; 1989CriLJ889; 1989(40)ELT230(SC); (1989)1GLR483; JT1989(1)SC83; (1989)95PLR364; 1989(1)SCALE92; (1989)1SCC420; [1989]1SCR138
..... 941 referring to the nature of offences under the food and drugs act, 1955, it was said:as is well known, section 2 of the food and drugs act, 1955, constitutes an absolute offence. ..... clearly the offence contemplated in section 2(1) of the food and drugs act 1955 is an absolute offence if all that is meant by that is an absence of mens rea. ..... are 'fruit juice'-'tomato juice' ; fruit syrup' ; ''fruit squash', 'fruit beverage', or fruit drinks ; tomato sauce'; 'tomato ketchup'; 'tomato relish' , 'marmalade' , 'fruit chatni', 'sauce' etc the object and the purpose of the act are to eliminate the danger to human life from the sale of unwholesome articles of food the legislation is on the topic 'adulteration of food stuffs and other goods' (entry 18 list iii seventh schedule). ..... by this petition for grant of special leave under article 136 of the constitution, coming up after notice to the state of gujarat, the applicant seeks leave to appeal to this court from the judgment of the high court of gujarat in criminal appeal no. ..... and size similar to that of the peas beat the screening-machine and also managed, by virtue of its colour and shape, to escape the surveillance of the alert visual-inspectors, who, it is said, were also paid a bonus if they detected and extracted any extraneous-matter. ..... santatau (at page 111); in 'wealth of india raw-materials' vol. ..... we have had our attention drawn by sri ganatra to certain passages in 'common trees of india' by dr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1081; [1973(26)FLR4]; (1973)ILLJ102SC; (1973)3SCC787; [1973]3SCR123
..... the payment of bonus act, section 2(9) defines a company as follows :(9) 'company' means any company as defined in section 3 of the companies act, 1956, and includes a foreign company within the meaning of section 591 of that act; a corporation is defined in section 2(11) as 'any body corporate established by or under any central, provisional or state act but does not include a company or a co-operative society'. ..... for instance we have a reserve bank of india; we had an imperial bank of india; we have now state banks. ..... 83, page 760 gives the following under the heading of subsidy :something, usually money, donated or given or appropriated by the government through its proper agencies; a grant of funds or property from a government, as of the state or a municipal corporation, to a private person or company to assist in the establishment or support of an enterprise deemed advantageous to the public; a subvention.pecuniary premiums offered by the government to persons enlisting in the public service, or engaging in particular industries, or performing specified ..... the above decision of the bombay high court referred to the reserve bank of india, imperial bank of india and state banks. ..... : (1955)iillj755bom in discussing this question the learned judges said:but what, in our opinion, the notification contemplates is not incorporation under any law but by an indian law, which means that a special law should incorporate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1080; [1962(4)FLR323]; (1962)ILLJ241SC; 1963MhLJ1(SC); [1962]Supp3SCR157
..... state government referred the dispute in regard to the bonus for the two years 1956 and 1957 for adjudication before an industrial tribunal under section 12(5) of the industrial disputes act ..... lead to an industrial dispute, is not, as the claimant contends, merely industry in the abstract sense, as if it alone effected the result, but it must be acting and be considered in association with its co-operator 'capital' in some form so that the result is, in a sense, the outcome of their combined efforts. ..... urged that the profession followed by them was not an industry within the meaning of the act, and so the dispute raised against them by the appellants was not an industrial dispute within the meaning of the act; the contention was that the dispute not being an industrial dispute under the act, the reference made by the government was incompetent and so, the tribunal had no jurisdiction ..... however, is hardly relevant in determining the question as to whether the said work is an industry under section 2(j); as we have already made it clear, the definition of the word 'industry' is couched in words ..... in dealing with the somewhat difficult question of drawing a line, this court observed : 'as a working principle, it may be stated that an activity systematically or habitually undertaken for the production or distribution of goods or for the rendering of material services to the community at large or a part of such community with the ..... demands related to bonus for the year 1955-56 and 1956-57 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC445; [1962]3SCR970
..... the learned attorney- general appearing for the appellant-state has submitted that the principle of virendra singh's case : [1955]1scr415 cannot be extended to the entirely different set of circumstances in which the government of india act, 1935, was made and section 299 thereof did not affect the doctrine that municipal tribunals have no authority to give a remedy in respect of actions arising from an act of state. ..... therefore learned counsel was at great pains to establish that the act of state was complete on november 9, 1947, and he argued that thereafter the respondents became citizens of the dominion of india and under section 299 of the government of india act, 1935, they could not be deprived of property save by authority of law. ..... as those of the appeal before us, it was held that the act of the dominion of india in assuming the administration of junagadh was an act of state pure and simple and the resumption of the grant in question therein having been made by the administrator before that act was completed and at a time when the people of junagadh were aliens outside the state, the act of resumption, however arbitrary, was an act of state on behalf of the government of india and was not, therefore, justiciable in the municipal courts. ..... we may in this connection refer to sections 5 and 6 of the government of india act, 1935, as they stood at the relevant time. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1028; JT2001(2)SC175; (2001)ILLJ743SC; 2001(1)SCALE540; (2001)4SCC101; [2001]1SCR742
..... before the high court, the bank took the stand that it is the government of india, who has to determine the salary of employees of regional rural banks in terms of section 17 of the regional rural banks act, 1976 and on the basis of the revised pay structure of the nationalised commercial bank employees, pursuant to 6th and 7th bipartite settlements, the employees of the regional rural banks ipso facto cannot get their pay structure changed. ..... : (1961)illj339sc , while deciding the constitutional validity of the working journalists (conditions of service) and miscellaneous provisions act, 1955 and the legality of the decision of the wage board constituted thereunder purporting to act under section 9 of the act, no doubt construed section 9(1) of the said act and held that it was incumbent on the wage board to take into consideration the capacity of the newspaper industry to pay the rates and scales of wages recommended by it. ..... was assailed before the supreme court and a plea was raised that no bonus could be payable when the employees are being paid the living wage standard, the court had observed while proceeding to examine the merits of the contention that the employees are being paid a living wage:'considerations of the financial position of the employer and the state of national economy have their say, and the requirements of a workman living .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1803; 1966(0)BLJR258; [1965(11)FLR112]; (1965)IILLJ162SC; [1965]3SCR588
..... even if we take thefigure of 30,000 maunds as the crushing speed which the respondent had putforward at the time of the discussion on the incentive bonus scheme, we findthat though there was not much difference during the period from november 10 tonovember 26, there was a significant drop of over 2,000 maunds per day fromnovember 27 ..... we have already said thatin the years 1954 and 1955 there was no incentive bonus and if these figuresare accepted as giving the average crushing speed per day (when there was noincentive bonus and no weighment of carts at night) it would in our opinion benot improper to accept that the crushing speed with night weighment of carts wouldbe in the neighbourhood of 32,000 maunds per day in view of the admission thatnight ..... by written order and for the reasonsspecified therein, exempt any factory from the provisions of sub-section (1) sohowever that the total number of hours worked by a worker without an intervaldoes not exceed ..... it would not be proper to take the figures for theyears 1956-57 to 1959-60 in which years incentive bonus schemes were in forceand which according to the workmen resulted in extra efforts on their part. ..... section 64(2)(d) is inthese terms :- 'the state government maymake rules in respect of adult workers in factories providing for theexemption, to such extent and subject to such conditions as may be prescribed -. ..... the factories act, which lays down that'the state government...... ..... : (1959)iillj663sc and punjab national bank limited v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC977; 1961(63)BLJR951; [1962(4)FLR236]; (1962)ILLJ108SC; [1962]1SCR105
..... now, therefore, in exercise of the powers conferred by sub-section (2) of section 114 of the said act, the government of bombay hereby directs that the said award shall be binding on the employers specified in column 1 of the schedule hereto annexed and their employees in the matter of payment of bonus for the years specified against the employers in column 2 of the said schedule.' 14. ..... such agreement, settlement, submission or award shall be binding upon such other employers and employees in such industry or occupation in that local area as may be specified in the notification : provided that before giving a direction under this section the state government may, in such cases as it deems fit, make a reference to the industrial court for its opinion.' 5. ..... 114(2) we cannot escape the conclusion that the state government's power to make a direction under that section is co-terminus with the power of an adjudicator (be it a labour court, an industrial court or a wage board under the act) to make an award thereunder, and the state government cannot under s. ..... the state of ajmer : (1955)illj129sc , where it was said in respect of the minimum wages act, 1948; 'individual employers might find it difficult to carry on the business on the basis of the minimum wages fixed under the act but this must be due entirely to the economic conditions of these particular employers. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC237; 1985(33)BLJR691; [1985(51)FLR616]; 1986LabIC72; (1986)ILLJ138SC; 1985(2)SCALE766; (1985)4SCC460; [1985]Supp3SCR639; 1986(1)LC67(SC)
..... we have carefully perused the terms of the definition of 'wages' set forth in sub-section (22) of section 2 of the employees' state insurance act, 1948, and we are satisfied that the bonus in question in these appeals does not fall under any category or class mentioned in the definition.11. ..... illegal or lay-off and other additional remuneration, if any, paid at intervals not exceeding two months but does not include -(a) any contribution paid by the employer to any pension fund or provident fund, or under this act; (b) any travelling allowance or the value of any travelling concession; (c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or(d) any gratuity payable on discharge ..... the contention of the respondent was that the sum payable or paid by way of bonus to the employees was not covered by the definition of the term 'wages' in sub-section (22) of section 2 of the act and, therefore, the respondent was not liable to make any contribution. ..... the high court has held that the employees' state insurance court was right in taking the view that, the bonus in question did not form part of the 'wages' as defined in sub-section (22) of section 2 of the employees' state insurance act, 1948.5. ..... later, another settlement was recorded, this time before the chairman, industrial tribunal, bihar, in a pending reference of 1955 where it was mentioned that the respondent had agreed to increase. ..... of india v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC530; (1969)ILLJ719SC; [1969]1SCR366
..... section 2(16) defines 'establishment in public sector' as meaning (a) a government company as denned in section 617 of the companies act, 1956, and (b) a corporation in which not less than 40 per cent of its capital is held by government or the reserve bank of india or a corporation owned by government or the reserve bank of india ..... it will be noticed that section 22 provides that where a dispute arises between an employer and his employees (1) with respect to the bonus payable under the act, or (2) with respect to the application of the act, such a dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947 or any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act and such law, as toe case may be, ..... the union of india, : [1957]1scr930 the question arose whether looking to the general words used in section 2(d) of the prize competitions act, 42 of 1955 the words 'prize competition* included not merely competitions of a gambling nature but also those in which success depended to ..... the state of bihar, : [1955]2scr603 this court approved the case in heydon's case, (1584) 76 er 637 and in construing article 286 of ..... union, kanpur, : (1955)illj1sc , baroda borough ..... : [1955]2scr603 and held that 'in interpreting an enactment the court should ascertain the intention of the legislature not merely from a literal meaning of the words used but also from such matters .....
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