Court : Mumbai
Reported in : AIR1968Bom283; (1967)69BOMLR758; ILR1967Bom1392
..... it means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business trade or profession and includes a society registered under the societies registration act, 1860, and a charitable or other trust, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating ..... the duty of carrying out the provisions of the act is vested in the council, and these duties include, (a) the examination of candidates for enrolment and the prescribing of fees therefore: (b) the regulation of the engagement and training of articled and audit clerks: (c) the prescribing qualification for entry in the register; (e) the granting or refusal of certificates of practice under this act. ..... a chartered accountant doing audit work assisted by stenographers, personal clerks and menial servants, that is to say, doing the entire auditing work from examination of accounts to the making of the report, all by himself but only with such subsidiary and incidental help as may be rendered by his stenographers, typists personal clerks and servants may not be carrying out an industry'.this decision, however, has been expressly dissented from by the kerala high court in t. k. .....
Tag this Judgment!Court : Mumbai
Reported in : I(2006)ACC13; 2005(4)ALLMR481
..... in the case of chandramathi (supra), the kerala high court has observed that two factors must be established in order to uphold a claim under the workmen's compensation act; firstly, that the accident should arise out of and in the course of employment and secondly, there should be some causal connection between the employment and the death. ..... the case before me is a case under workmen's compensation act and the payment of compensation is governed by the provisions of the workmen's compensation act. ..... it is also submitted on behalf of the appellant that the disease cannot be considered either as an accident or an injury as it is not a specified injury or an occupational disease under the act and, therefore, no compensation could have been awarded. ..... however, it could be regarded as an unscheduled injury for which compensation is payable under the act provided there exists a causal connection between the work and his employment.11. ..... on a perusal of the pleadings, i am of the view that the respondent failed to establish that he suffered from diabetes on account of the nature of the work that he was required to perform on the vessel. ..... the learned judge has also observed that workmen's compensation act is a social welfare legislation and the court must lean towards a person for whose benefit the legislation is enacted. .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)ILLJ187Bom; 1967MhLJ1008
..... of the status ..... the duty of carrying out the provisions of the act is vested in the council, and these duties include, (a) the examination of candidates for enrolment and the prescribing of fees therefor; (b) the regulation of the engagement and training of articled and audit clerks; (c) the prescribing of qualifications for entry in the register; (d) * * * (e) the granting or refusal of certificates of practice under this act; (f) the maintenance and publication of a register of persons qualified to practise as chartered accountants; (g) * * * (h) the removal of names from the register and the restoration to the register of names which have been removed; (i) the regulation and maintenance ..... this decision, however, has been expressly dissented from by the kerala high court in t. k. .....
Tag this Judgment!Court : Mumbai
Reported in : [1968(17)FLR266]; (1968)IILLJ750Bom
..... 1 of 1964, for recovery of wages alleged to be due to the said respondents being the difference between the minimum wage fixed by the central government under the minimum wages act, 11 of 1948, and the wages alleged to have been paid to them. ..... in absence of any special meaning given to it in any labour legislation which is in pari materia with this act or by a judicial precedent, the literal meaning is to be preferred to any special meaning that the word may bear in any other enactment which has a different subject of enactment and has a different object to be achieved in view. ..... 14 provides for payment for overtime and states that where as employee, whose minimum rate of wages is fixed under the act by the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or part of an hour so worked in excess at the overtime rate fixed under the act. ..... the grounds that they alleged for the condonation of delay were, firstly, that their employment was on the construction and maintenance of roads and in building operations within the meaning of entry 7 in part i of the schedule to the said act and this entry had been substituted in place of the original entry by act 30 of 1957 which came in force in september 1957. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom310; (1968)70BOMLR548; 1968MhLJ771
..... the act fixes the hours for a normal working day and section 14 provides for payment for overtime and states that where an employee, whose minimum rate of wages if fixed under the act by the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or part of an hour so worked in excess at the overtime rate fixed under the act ..... in absence of any special meaning given to it in any labour legislation which is in pari material with this act or by a judicial precedent, the literal meaning is to be preferred to any special meaning that the word any special meaning that the word may bear in any other enactment which has a different subject of enactment and has a different object to ..... recovery of wages alleged to be due to the said respondents being the difference between the minimum wages fixed by the central government under the minimum wages act, 11 of 1948 and the wages alleged to have been paid to them ..... in : (1967)iillj870sc that the authority under the minimum wages act has discretion to condone the delay under second proviso to section 20(2) in presenting the application, provided sufficient cause for the entire delay is shown to its ..... stated hereinabove provides for applications in respect of claims arising under the act and the period within which such applications should be made and gives power to the authority under the act to condone delay. .....
Tag this Judgment!Court : Mumbai
Reported in : (1985)IILLJ24Bom; 1985MhLJ1
..... 2(4), 'commercial establishment' means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1960, and a charitable or other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include a factory, shop, ..... bobde, the learned counsel for the petitioners, the amendment of the definition of 'commercial establishment' as contained under section 2(4) of the shops act by the amending act lxiv of 1977, enlarging the meaning of 'commercial establishment' so as to include establishment of any legal practitioner, could not be justified by entry 24 of list iii of the seventh schedule of the constitution of india and the state legislature has no competence to legislate on the subject by including the establishment of a legal practitioner in the definition of 'commercial establishment', under the guise of that entry. ..... in this view which we are taking, we are supported by the observations made by the kerala high court in sasidharan v. .....
Tag this Judgment!Court : Mumbai
Reported in : [1990(60)FLR776]; (1991)ILLJ78Bom
..... terms :'2(e) (iv) : in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;'expression ' employee' has been defined under section 2(i) of the minimum wages act in the following terms :'2(i) : 'employee' means any person who is employed for hire or reward to do any work skilled or unskilled, manual or clerical, in a scheduled employment ..... or ancillary to, any business, trade or profession (and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes) a society registered under the societies registration act, 1966, and a charitable or other trust, whether registered or not, which carries on (whether for purposes of gain or not) any business, trade or profession or work in connection with or incidental or ancillary thereto but does not include ..... this was a case under the kerala shops and commercial establishments act and the issue before the court was whether the office of a lawyer or a firm of lawyers was a 'commercial establishment' under sub-section (4) of section 2 of that act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)1687; 2003CriLJ1634
..... such conduct or act of the litigant to a pending matter is intolerable, impermissible and unacceptable, as such act and conduct amounts to interfere with the course of justice and also amounts to lower the authority of the court or tends to lower the authority of the court. ..... manisha koirala and shri shashilal nair did not justify the act and conduct on part of the parties nor did they dispute that action, act or deed on their part amounted to criminal contempt.8 ..... shashilal nair (first respondent) by their act and conduct by seeking the help of a third party in the matter pending before the court have eroded majesty of law and disturbed the free flow of administration of justice.10. ..... though the screening of the film 'ek chhotisi love story' in various theatres and cinema halls in mumbai may amount to disobedience and disregard to the ad-interim order passed by this court on 5th september 2002, save and except legal process, the party in whose favour such order was passed cannot be permitted to act extra legally, extra constitutionally and extra judicially by seeking help of third person in enforcement of the court's order ..... , bandra (east), mumbai 400 051 and issue notices to them to show cause why they should not be committed to contempt by their act and conduct as noted above which amounts to interference in due course of justice or tends to interfere in due course of justice or lowers the authority of court or tends to lower the authority of the court and punished accordingly. .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IIILLJ1517Bom
..... it was held :-'where, as under the provisions of the factories act, it is statutorily obligatory on the employer to provide and maintain canteen for the use of his employees, the canteen becomes a part of the establishment and, therefore, the workers employed in such canteen are the employees of the management'as it was not disputed in the aforesaid case that the corporation was under a statutory obligation, in view of section 46 of the factories act, to provide and maintain a canteen for the benefit of workers, the apex court held that the decision in the aforesaid case of parimal chandra ..... the intention of the legislature is to safeguard the interest and the service conditions of the security guards employed by the factories and establishments and it is explicit that security guards employed by the factories and establishments are covered under the provisions of the act and the scheme irrespective of the place where they have been allotted work, the mere fact that a security guard has been put by the factory or the establishment at the residence of an officer or at the staff quarters is not at all relevant for the purposes of the act. ..... the question before the learned judge of the kerala high court was as to whether the employment of contract labour in residential quarters of the reserve bank of india establishment would come within the mischief of section 10 of the act. ..... , reported in 1960 ii llj 233. .....
Tag this Judgment!Court : Mumbai
Reported in : [1997(75)FLR589]; (1997)IILLJ1206Bom
..... held that whatever consideration a person gets for his services is 'remuneration' for him the kerala division bench also noticed that another division bench of the kerala high court had declined to include subsistence allowance given to a suspended employee within 'wages' as defined in the employees' state insurance act on the ground that there must be inter-relation between the payment and the service rendered and since the subsistence allowance is a payment made purely by reason of a statutory obligation, it would not amount ..... leela karunakaran 1993 i llj 870 the question before the kerala high court was whether the subsistence allowance paid to the,$ employee under the provisions of section 3 of the payment of subsistence allowance act, 1973 (local act), would amount to 'wages' within the meaning of the definition under section 2(22) of the employees' state insurance act, 1948. ..... the full bench of the kerala high court cited and respectfully followed the judgment of this court in model mills, (supra) and took the view that the amount payable in respect of the leave period, as provided under the kerala statute, did not amount to 'remuneration' nor 'wags 01 within the meaning of section 2(22) of the enployee' state insurance act. .....
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