Existing Industrial Undertaking - Law Dictionary Search Results
Home Dictionary Name: existing industrial undertakingExisting industrial undertaking
Existing industrial undertaking, means--In the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective steps had been taken before such commencement, andIn the case of an industrial undertaking pertaining to any of the industries added to the First Schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment. [Industries (Development and Regulation) Act, 1951, s. 3 (bb) (a) (b)]...
Industrial undertaking
Industrial undertaking, means any undertaking pertaining to a scheduled industry carried on in one or more factories by any company but does not include--(i) an ancillary industrial undertaking as defined in clause (aa) of s. 3 of the Industries (Development and Regulation) Act, 1951; and(ii) a small scale industrial undertaking as defined in clause (j) of the aforesaid s. 3. [Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), s. 3 (1) (f)]Means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by Parliament by law. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1) (b)]Means any undertaking pertaining to a scheduled industry carried on in one or more factories by any person or authority including Government. [Indus-tries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (d)]...
Industrial undertaking in public sector
Industrial undertaking in public sector, means an industrial undertaking owned, controlled or man-aged by--(i) a Government company as defined in s. 617 of the Companies Act, 1956;(ii) a corporation established by or under a Central Provincial or State Act, which is controlled or managed by the Government. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1)]...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Scheduled industry
Scheduled industry, the expression 'scheduled industry' is not synonymous with the expression 'industrial undertaking'; as the Industrial (Development and Regulations) Act, 1951, has made a distinction between these two and the declaration under s. 2 of the Act applies not only to industrial undertakings but also to other industries. Therefore Parliament was competent to legislate in regard to the subject-matter of the impugned Act, Harakchand Ratanchand Banthia v. Union of India, AIR 1970 SC 1453 (1462): (1969) 2 SCC 166: (1970) 1 SCR 479....
Industrial establishment
Industrial establishment, means an industrial undertaking or a company as defined under s. 3 of the Companies Act, 1956 or a firm registered unders. 59 of the Indian Partnership Act, 1932 which is engaged in any industry, or in any trade, business or service. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1) (ca)]Industrial establishments, s. 1(3)(b) applies to every establishment within the meaning of any law for the time being in force in relation to establishments in a State. Such an establishment would include an industrial establishment within the meaning of s. 2(ii)(g) of the Payment of Wages Act. Accordingly, the Payment of Gratuity Act applies to an establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of po...
Government undertaking
Government undertaking, means any industrial undertaking carried on--(i) by a department of the Government, or(ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or(iii) by a Government company as defined in s. 617 of the Companies Act, 1956. [Patents Act, 1970 (39 of 1970), s. 2 (1) (h)]...
Industrial company
Industrial company, means a company which owns one or more industrial undertakings. [Sick Indus-trial Companies (Special Provisions) Act, 1985 (10 of 1986), s. 3 (1) (e)]A company running a cold storage is not an 'indus-trial company' within the meaning of s. 2(7) (c) of the Finance Act (1973), Delhi Cold Storage (P) Ltd.v. CIT, AIR 1991 SC 2125. [Finance Act, 1973, s. 2(7)(c)]...
Industry
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...
Industrial dispute
Industrial dispute, means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons. [Industrial Disputes Act, 1947, s. 2 (k)]The words 'Industrial disputes' in the Industrial Disputes Act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business, D.N. Banerjee v. P.R. Mukherjee, AIR 1953 SC 59: (1953) SCR 302. [Constitution of India Sch VII, List III, Entry 22]A dispute between an employer and single workman does not fall within the definition of Industrial dispute' under the U.P. Industrial Disputes Act, 1947. But though the applicability of the Act to an individual dispute as opposed to dispute involving a group of workmen is excluded, if the workmen as a body or a con...
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