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Judgment Search Results Home > Cases Phrase: karnataka industrial establishments national and festival holidays act 1963 section 11a Page 1 of about 1 results (0.070 seconds)

Aug 22 1985 (HC)

Management of International Instruments Vs. Labour Officer

Court : Karnataka

Reported in : ILR1985KAR3648

..... as a holiday in addition to the holidays declared by the managements even if the number of ..... of writ petitions, presented by the managements of four industrial undertakings, the following common question of law, arises for consideration.'whether the amendment made to section 3 of the karnataka industrial establishments (national and festival holidays) act, 1963, fixing the number of holidays other than three national holidays at six, instead of five and providing that first may shall be one of the said six holidays, empowers the labour officer to include first may ..... holidays already declared by them was more than nine'2. the .....

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Jul 01 2005 (HC)

Bharat Fritz Werner Karmika Sangha Vs. Bharat Fritz Werner Limited and ...

Court : Karnataka

Reported in : [2005(107)FLR143]; ILR2005KAR3666; 2005(5)KarLJ92; (2005)IIILLJ12Kant

..... while resolving disputes under section 3(2) of the act as to allowing of holidays will have to take into consideration the views of all sections of the employees. if the labour inspector ignores the view of a large section of the employees and arbitrarily declares a holiday, such decision, in our view, would be contrary to rule 6(1) of the karnataka industrial establishments (national & festival holidays) rules, 1964 and could ..... inspector. the labour inspector by his said order passed in exercise of his power under section 3(2) of the karnataka industrial establishments (national and festival holidays) act, 1963 (the 'act' for short) had directed the employer to declare 14.4.2003 as a festival holiday.2. facts in brief:the first respondent (the employer) issued a list of holidays for the year 2003, in which 1.1.2003 was specified as a ..... festival holiday. the appellant (hereinafter referred to as 'the trade union') sought for declaring 14.4.2003 as a holiday instead .....

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Jan 25 2005 (HC)

St. Marthas Hospital Vs. the Labour Inspector and Commissioner (Nation ...

Court : Karnataka

Reported in : [2005(106)FLR375]; ILR2005KAR1175; 2005(2)KarLJ400; (2005)IIILLJ228Kant

..... act.3. learned counsel for the petitioner submitted that section 3 of the act is not applicable to the hospitals by virtue of ..... the wages if they worked on national and festival holidays.2. the records disclose that the 2nd respondent initiated proceedings before the 1st respondent by filing an application under the provisions of the karnataka industrial establishments (national and festival holidays) act, 1963 (hereinafter referred to as 'the act') claiming double the wages for working on national and festival holidays. in support of their case, the 2nd respondent relied upon section 3, 5 and 7 of the ..... . the aforesaid notification dated 14.08.1963 reads thus:' in exercise of the powers conferred by section 10 of the mysore industrial establishments (national and festival holidays) act, 1963 (mysore act 24 of 1963), the government of mysore hereby exempts the following classes of establishments from the provisions of section 3 of the said act subject to the condition that the employees of such establishment shall be allowed holidays with wages in lieu of the days .....

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Jul 27 1993 (HC)

Bharat Tobacco Trading Co. Vs. Labour Officer

Court : Karnataka

Reported in : ILR1993KAR3378; 1993(3)KarLJ219

..... that, the order at annexure-b is without jurisdiction as the first respondent has no power of adjudication under the provisions of the karnataka industrial establishments (national and festival holidays) act, 1963 and the karnataka industrial establishments (national and festival holidays) rules, 1964 (hereinafter called 'the act' and 'the rules', respectively). elaborating the said contention sri r.gururajan, learned counsel for the petitioners, submits that, in view ..... to their workmen in respect of national and festival holidays, namely, 15th august and 2nd october 1983 and 1984, the first respondent has no jurisdiction to adjudicate upon the liability and such adjudication shall be only under section 33(c) of the industrial disputes act or under the provisions of the payment of wages act.3. per contra sri m ..... the inspector to exercise powers as may be necessary to carry out the purposes of the act and one such purpose is to ensure that the employees get their national holidays and five festival holidays every year under section 3 of the act.'therefore the order made by the first respondent vide annexure-b is nothing but enforcing what ..... provisions under the act and the rules.4. section 3 of the act provides for grant of national and festival holidays. section 4 of the act deals with the statement of the employer to be submitted to the inspector, section 5 deals with the payment of wages for such of the holidays allowed, to the employees,under section 3 and section 7 deals with .....

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Aug 22 1985 (HC)

international Instruments Ltd. and ors. Vs. Labour Officer and ors.

Court : Karnataka

Reported in : (1995)IIILLJ550Kant

..... as a holiday in addition to the holidays declared by the managements even if the number of ..... of writ petitions, presented by the managements of four industrial undertakings, the following common question of law arises for consideration:'whether the amendment made to section 3 of the karnataka industrial establishments (national and festival holidays) act, 1963, fixing the number of holidays other than three national holidays at six, instead of five and providing that first may shall be one or the said six holidays, empowers the labour officer to include first may ..... holidays already declared by them was more than nine?'2. the .....

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Jan 08 1986 (HC)

Workmen of Binny Ltd. Vs. Management

Court : Karnataka

Reported in : ILR1986KAR519; 1986(1)KarLJ370; (1986)ILLJ468Kant

..... of may as a holiday, in addition to the other approved holidays. the industrial establishment concerned in this appeal is binny mills ltd. bangalore. the management has declared three national holidays and eight other festival holidays in regard to the workmen employed in the mills. the declaration of these holidays is governed by the karnataka industrial establishments (national and festival holidays) act, 1963 (shortly 'the act'). section 3 of the act provides : '3. grant of national and festival holidays - every employee shall be ..... allowed in each calendar year a holiday of one whole day on the 26th january, the 15th ..... the inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment.'this section came to be amended by karnataka act no. 7/85 as follows : '2. amendment of s. 3 - in s. 3 of the karnataka industrial establishment (national and festival holidays) act, 1963 (karnataka act 24 of 1963), for the word 'five', the word 'six' shall be substituted, and at the end, the following proviso shall be inserted .....

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Nov 17 1997 (HC)

Brooke Bond Corporate Office Staff Union Vs. Brooke Bond Lipton India ...

Court : Karnataka

Reported in : (1998)ILLJ1133Kant

..... holidays to the employees on january 26, august 15, and october 2, and five other days including may 1, of every calendar year ..... respondent.2. the first respondent industrial establishment has its registered office at calcutta. its corporate office was established in bangalore in 1981. it has employed about 130 persons as its staff and it works five days a week. the appellant is the employees staff union of the establishment.3. under section 3 of the karnataka industrial establishments (national & festival holidays) act. 1963 hereinafter referred to as 'the act', all industrial establishments are required to allow paid ..... and under section 4 of the act, the employer shall send a statement showing the holidays allowed in each calendar year under section 3 apart from displaying .....

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Aug 07 2003 (HC)

Madura Coats Ltd. Vs. the Labour Officer and Inspector and anr.

Court : Karnataka

Reported in : ILR2003KAR4273; 2004(3)KarLJ175

..... such other powers as may be necessary for carrying out the purposes of this act. preamble to the act provides that, for the grant of national and festival holidays to the persons employed in industrial establishments in the state of karnataka, the act came to be passed and the definition of 'day' as contained in section 2(1) means a period of twenty-four hours beginning at midnight and it ..... days and 14 days of holidays. on the contrary, the material produced on record shows they were enjoying those number of holidays for the year 1998, 1999, 2000 and 2002. therefore, the said section has no application to the facts of ..... on record to show prior to 1963 when the act came into force the respondents were having the benefit of 11 days, 12 ..... , if such rights or privileges are more favourable to him than those to which he would be entitled under this act. therefore it is clear, if respondents were enjoying more holidays prior to the act came into force i.e., prior to 14th august 1963 then they are entitled to those privileges and rights, not otherwise. admittedly, in this case no material is placed .....

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Dec 01 2006 (SC)

Ashoka Smokeless Coal Ind. P. Ltd. and ors. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

..... kerala govt. and ors. : (1999)illj289sc , a question arose as to whether the rights of industrial concerns under article 19(1)(g) are said to be affected having regard to the provisions of the kerala industrial establishments (national and festival holidays) (amendment) act, 1990 whereby the number of national holidays were increased. in view of article 43 of the constitution of india, the restriction imposed were held ..... of coal.nationalisation of coal:6. both coking coal mines and coal mines were subjected to nationalization in terms of coking coal mines (nationalization) act, 1972 (for short, 'the 1972 act) and the coal mines (nationalization) act, 1973 (for short, 'the 1973 act'). the said acts, as would appear from section 2 thereof, were enacted with a view to give effect to the provisions of article ..... fixation of price of coal is of utmost necessity as it is a mineral of grave national importance. non-availability of coal and consequently the other products may lead to hardship to a section of citizens. it may entail closure of factories and other industries which in turn would lead to loss to state exchequer; as they would be deprived ..... the weaker sections of the people; so far as good corporate governance is concerned, the same may not be of much relevance. even the coal companies in taking recourse to e-auction did not give effect to the concept of corporate social responsibility. what would be profiteering has been noticed in t.m.a. pai foundation v. state of karnataka : .....

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Aug 16 1995 (HC)

Sri. M.B. Byregowda and ors. Vs. Managing Director, Ksrtc and ors.

Court : Karnataka

Reported in : ILR1997KAR368

..... words:'in view of the working hours prescribed under the various enactments, the employees working in such establishments will have to discharge their duties for 8 hours per day positively. similarly, as prescribed in the karnataka industrial establishment (national & festival holidays) act, 1963 (and rules made thereunder) the employees are entitled to the holidays prescribed therein. but, such of the employees who work for 8 hours per day and are ..... it was submitted was impermissible for two reasons namely: 1) because the same offended section 9a of the industrial disputes act and 2) because the same was violative of the provisions of section 3 of the mysore industrial establishments (national and festival holidays) act, 1963.28. in so far as the argument based on the provisions of section 9a is concerned, the same need not detain me in view of the opinion ..... by the petitioners is concerned, i find no substance even in the same. the provisions of section 3 of the mysore industrial establishments (national and festival holidays) act, 1963 as the same stand after the 1986 amendment read thus:'section 3: grant of national and festival every employee shall be allowed in each calender year a holiday of one whole day on the 26th january, the 15th august, and the 2nd october .....

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