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Search Results for "factories act"

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High Court

High Court Quashes Criminal Proceedings in C.C.No.260/2018 for Offence Under Section 304-A IPC — Parallel Proceedings Cannot Continue for Same Incident. The court held that parallel proceedings for the same incident cannot continue, following the principle laid down in Ananthakumar vs. State of Karnataka, AIR Online 2019 KAR 565.

22 Oct 2024

The petitioners, G.V. Prasad and Balasubramaniam, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (old) and Sectio...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Denial of Higher Pay Scale to Chargemen in Ordnance Factories. Classification of Chargemen as 'Workman' under Industrial Disputes Act, 1947 does not entitle them to pay scale of supervisors under the Time Scale Scheme.

5 Feb 2024

The petitioners, employees of Ordnance Factories under the Ministry of Defence, filed writ petitions challenging the denial of higher pay scale under ...

Supreme Court

Supreme Court Allows Appeal in Employees' State Insurance Act Case Regarding Municipality-Run Factory. The Court held that the Employees' Insurance Court lacked jurisdiction to decide on exemption under Section 90, and the proviso to Section 1(4) does not apply to local authorities, requiring contributions under the Act.

28 Sep 2021

The dispute arose from the Employees' State Insurance Corporation's claim for contributions from Kakinada Municipality, which operated a factory cover...

High Court

High Court of Bombay at Nagpur Dismisses ESIC Appeal, Holds Hospital Not a Factory Under ESI Act. Pathological laboratory performing diagnostic tests does not constitute a manufacturing process under Section 2(12)(a) of the Employees State Insurance Act, 1948.

24 Aug 2017

The case involves an appeal by the Employees State Insurance Corporation (ESIC) against an order of the ESI Court, Nagpur, which set aside a communica...

High Court

Bombay High Court Quashes Notification Excluding Port Trust Employees from Minimum Wages Act Provisions. The notification dated 15/03/2002 exempting employees from Section 2(h), Section 14 of Minimum Wages Act, 1948 and Rule 25 of Minimum Wages (Central) Rules, 1950 was held ultra vires as not issued by appropriate government.

6 Jul 2017

The judgment concerns two writ petitions filed by Mumbai Port Trust Flotilla Worker's Association and Mumbai Port Trust, Dock and General Employees' U...

High Court

High Court of Karnataka Quashes Complaint Against Company Directors in Factories Act Case — Lack of Sanction Under Section 108 of Factories Act, 1948 Renders Prosecution Invalid. Complaint filed by Joint Director of Factories without prior sanction of the Inspector under Section 108 of the Factories Act, 1948 is not maintainable and is liable to be quashed.

30 Jun 2014

The petitioners, who were the Managing Director and Vice President of M/s Kennametal India Ltd., were accused nos. 1 and 2 in C.C. No. 1350/2013 pendi...

High Court

High Court of Bombay at Goa Quashes Criminal Proceedings in Factories Act Case for Lack of Factual Details in Complaint. Magistrate's order taking cognizance set aside as complaint under Section 92 of Factories Act, 1948 did not disclose time, date, place or manner of alleged offence, rendering it unsustainable.

14 Feb 2014

The petitioners, who were the Managing Director, Director, and Joint Managing Director of M/s Waterways Shipyard Pvt. Ltd., filed a Criminal Writ Peti...

High Court

Bombay High Court Allows Writ Petition Against Provident Fund Demand — Taj Residency Held Separate Establishment Entitled to Infancy Benefit Under Section 16(1)(d) of EPF Act. The court held that the Taj Residency, Nasik was a newly established hotel with separate identity and not a branch of Hotel President, Mumbai, and thus entitled to infancy protection under Section 16(1)(d) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

11 Feb 2011

The petitioners, Piem Hotels Limited and another, challenged an order of the Regional Provident Fund Commissioner (RPFC) dated 31 March 1999, which he...

High Court

Bombay High Court Dismisses Writ Petition Challenging Gratuity Order Against Sick Company — Payment of Gratuity Act, 1972 Overrides SICA Scheme. The court held that the statutory liability to pay gratuity under the Payment of Gratuity Act, 1972 cannot be overridden by a rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985.

2 May 2006

The petitioner, Metal Box India Ltd., a company incorporated under the Companies Act, 1956, challenged an order dated 16.11.2002 passed by the Appella...

Supreme Court

Supreme Court Acquits Bidi Factory Manager Under Factories Act, 1948 Due to Lack of Employer Control Over Workers. Sattedars and Their Coolies Held Not to Be 'Workers' Under Section 2(1) as Factory Management Lacked Control and Supervision Over Manner of Work.

18 Feb 1958

The appellants were the manager of a bidi factory operating under contracts with Sattedars, independent contractors who agreed to supply bidis manufac...

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