Work Charged Establishment - Law Dictionary Search Results
Home Dictionary Name: work charged establishmentWork-charged establishment
Work-charged establishment, a work-charged establishment broadly means an establishment of which the expenses, including the wages and allowances of the staff, are chargeable to 'works'. The pay and allowances of employees who are borne on a work-charged establishment are generally shown as a separate sub-head of the estimated cost of the works, Jaswant Singh v. Union of India, AIR 1980 SC 115 (125): (1980) 1 SCR 420: (1979) 4 SCC 440....
Overhead charges
Those general charges or expenses in any business which cannot be charged up as belonging exclusively to any particular part of the work or product as where different kinds of goods are made or where there are different departments in a business called also fixed charges establishment charges or in a manufacturing business administration charges selling charges and distribution charges etc...
In connection with the work of an establishment
In connection with the work of an establishment, 'in connection with the work of an establishment' only postulates some connection between what the employee does and the work of the establishment. He may not do anything directly for the establish-ment; he may not do anything statutorily obligatory in the establishment; he may not even do anything which is primary or necessary for the survival or smooth running of the establishment or integral to the adventure. It is enough if the employee does some work which is ancillary, incidental or has relevance to or link with the object of the establishment, Royal Talkies v. Employees' State Insurance Corporation, AIR 1978 SC 1478: (1978) 4 SCC 204: (1979) 1 SCR 80....
Establishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Newly set up establishment
Newly set up establishment, the word 'establish-ment' is also found used in s. 3 and that section clearly indicates that an establishment may consist of different departments or undertakings and it is, therefore, not synonymous with 'undertaking' which has been defined, though in a different context, by this Court in Gymkhana Club Employees' Union v. Management, (1968) 1 SCR 742: AIR 1968 SC 554: (1967) 2 Lab LJ 720 to mean 'any business or any work or any project which one engages in or attempts as an enterprise analogous to business or trade'. The dictionary meaning of 'establishment' as given in Webster International Dictionary includes inter alia 'an institution or place of business, with its fixture and organised staff;as, large establishment, a manufacturing establishment'. 'Establishment' therefore means the whole trading, business or manufacturing apparatus with a separate identifiable existence. This apparatus which is used for the purpose of carrying on trade, business or und...
Working journalist
Working journalist, an ex-employee would be a 'working journalist'. It is clear that the definitions of a 'newspaper employee' and a 'working journalist' have to be construed in the light of and subject to the context requiring otherwise, Bennett Coleman and Co. (P) Ltd. v. Punya Priya Das Gupta, AIR 1970 SC 426: (1969) 2 SCC 1: (1970) 1 SCR 181. [Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955, s. 2(f)]Working journalist, means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any newspaper establishment, and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy tester, reporter, correspondent, cartoonist, news-photographers and proof reader. An editor is expressly included in this definition, Management of Rashtradoot v. Rajasthan Working Journalist Union, (1971) 3 SCC 96. [Working Journalists and other Newspaper Employees (Conditio...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Work of the factory
Work of the factory, the expression 'work of the factory' should also be understood in the sense of any work necessary for the expansion of the factory or establishment or for augmenting or increasing the work of the factory or establishment, Regional Director v. South India Flour Mills, AIR 1986 SC 1686 (1691): (1986) 3 SCC 238....
Employed in an establishment
Employed in an establishment, An employee is defined in S. 2(f) of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 to mean any person employed directly or through any agency in any establishment and include any labour who is given raw materials by an employer or a contractor at home referred to as the home-worker and any persons employed by an employer or a contractor but working at the premises with the employer or contractor. Therefore, the words 'employed in an establishment' in s. 26 of the Act are referable to home-workers as well, Mangalore Ganesh Beedi Works v. Union of India, (1974) 4 SCC 43: AIR 1974 SC 1832: (1974) 3 SCR 221....
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