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Judgment Search Results Home  Phrase:karnataka labour welfare fund act

Mar 16 2005

Life Insurance Corporation of India respdt. by its Divisional Manager ...

  • Decided on : 16-Mar-2005

Court : Karnataka

Reported in : [2005(106)FLR777]; ILR2005KAR2701; 2005(5)KarLJ564

... cause notices and demand notices issued by the respondent-labor inspectors under the provisions of the karnataka shops and commercial establishment act, 1961 (for short 'act of 1961) r/w the karnataka shops and commercials establishment rules, 1963 (for short 'rules of 1963) and the karnataka labour welfare fund act, 1965 (for short 'act of 1965'). the parties being common and common questions of fact and that of law having ... be read as 'under', whereby the petitioner stands excluded from the application of the said act.the writ petitions are allowed and it is declared that the establishment of the petitioner is exempt from the application of the provisions of karnataka labour welfare fund act, 1965 and the karnataka shops and commercial establishments act, 1961 and the rules 1963. the impugned show cause notices and demand notices stand ... the aforesaid pleadings, it is contended that the provisions of the act of 1965 and the act of 1961 read with the rules of 1963, have no application to the petitioner, although petitioner admits that one of its branches at chintamani, by an erroneous understanding of law made payment to the welfare fund. hence these writ petitions.4. the respondents have opposed the petition ...

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Sep 23 1997

General Beedi Works, Puttur and anr. Vs. Provident Funds Inspector, Ma ...

  • Decided on : 23-Sep-1997

Court : Karnataka

Reported in : (1998)ILLJ983Kant

... conditions imposed in the order of promotion. the government of karnataka through the secretary to the department of social welfare and labour department issued a notification empowering all the provident funds officers and enforcement officers of the office of the regional funds commissioner of karnataka to act as such. in my opinion, the complainant who was appointed ... as the enforcement officer by the competent authority was empowered to act under the act including initiation ... is not the enforcement officer, reliance is placed by the prosecution to ex. p-6 which is the order passed by the regional provident funds commissioner, karnataka wherein 3 head clerks of the department were promoted to the post of enforcement officers with effect from assumption of charge purely on a temporary ... of prosecution against those who have contravened the provisions of section 14 of the act ...

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Sep 23 1997

M/s. General Beedi Works, Puttur, Dakshina Kannada District and Anothe ...

  • Decided on : 23-Sep-1997

Court : Karnataka

Reported in : 2000(2)KarLJ86

... conditions imposed in the order of promotion. the government of karnataka through the secretary to the department of social welfare and labour department issued a notification empowering all the provident funds officers and enforcement officers of the office of the regional funds commissioner of karnataka to act as such. in my opinion, the complainant who was appointed ... as the enforcement officer by the competent authority was empowered to act under the act including initiation ... 1 is not the enforcement officer, reliance is placed by the prosecution to ex. p-6 which is the order passed by the regional provident funds commissioner, karnataka, wherein 3 head clerks of the department were promoted to the post of enforcement officers with effect from assumption of charge purely on a temporary ... of prosecution against those who have contravened the provisions of section 14 of the act ...

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Feb 05 1996

Jayaben Suryakant Modi Vs. Welfare Commissioner and Ors.

  • Decided on : 05-Feb-1996

Court : Gujarat

Reported in : (1996)3GLR60; (1997)ILLJ139Guj

... labour welfare fund act, 1953. he has taken me through the preamble of the bombay labour welfare fund act. 1953 as also section 3, section 7 and section 19 of the said act and has submitted that this act was enacted to promote the welfare of the labour in the state of gujarat and for conducting such activities and the gujarat labour welfare board constituted under section 4 of the act deals with the fund called 'labour welfare fund ... . mr. bhaya has placed strong reliance on the following decisions : 1. (1981-i-llj-354) (state of punjab v. labour court, jullundur) a decision of the supreme court. 2. (1985-ii-llj-63) (regional provident fund commissioner v. regional labour commissioner) a decision of karnataka high court. 3. (1986-i-llj-323) (municipal corporation of delhi v. v. t. naresh and another) a decision ... impediment against the right of receiving gratuity under the payment of gratuity act, 1972. high court of karnataka has also taken the same view with reference to the provisions of section 14 in the case of regional provident fund commissioner v. regional labour commissioner (supra) and has held that the provisions of gratuity act have an overriding effect over the service regulations providing for non ...

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Dec 29 2004

All India Crochet Lace Exporters Asscociation, Rep. by its General Sec ...

  • Decided on : 29-Dec-2004

Court : Andhra Pradesh

Reported in : 2005(2)ALD409; 2005(3)ALT737; (2005)IILLJ781AP

... on him by the nature of his employment; or(v) any gratuity payable on discharge;25. the a.p. labour welfare fund act, 1987, act 34 of 1987, is an act to provide for the constitution of a welfare fund for the financing of activities to promote welfare of labour in the state of andhra pradesh and for the establishment of board for conducting such activities and for matters connected ... art or the persons who purchase such lace pieces and export them cannot be governed for any rights or liabilities by either the shops and establishments act, 1988, the minimum wages act, 1948 or the a.p. labour welfare fund act, 1987; that the respondents are not entitled to enforce those said enactments against any of the exporters either for prosecuting or otherwise; that the ... business and such club is not a commercial establishment under karnataka shops and commercial establishments act, 1961. in merchant navy club v. assistant inspector of labour, ilr 1972 a.p. 799 it was held that navy club is not a shop or establishment within the meaning of the ... state 1990(1) llj 227 the question whether the firm of chartered accountants would fall within the meaning of commercial establishment or shop under karnataka shops and commercial establishments act, 1961 had been discussed. in bangalore club v. senior labour inspector, 1994(2) llj 47 it was held that none of the activities carried by bangalore club had an element of trade or ...

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Sep 21 1999

Raghunath and Others Vs. State of Karnataka and Others

  • Decided on : 21-Sep-1999

Court : Karnataka

Reported in : ILR2000KAR277; 2000(2)KarLJ237

... establish relationship of employer and employee with reference to other duties assigned to him.22. the state government has already issued guidelines to the market committees to create weighmen welfare funds. but these guidelines are not legally enforceable. it is for the market committees, toexamine whether it is feasible or possible or necessary to have such a ... licensed by the market committee were similar to weighmen and other employees employed in the shop cum godowns situated in the market yard (which were covered by the karnataka shops and commercial establishments act) held that licensed weighmen were entitled to minimum wages from the market committee, vide its order dated 14-6-1995 and consequently directing the bangalore market committee ... any of the contentions of either party nor hold that the weighmen are entitled to minimum wages, but merely disposed of the petitions directing the petitioners to approach the labour court if their grievance was that they were entitled to minimum wages and that the same was not paid.16. thus, none of the three judgments/orders of the ... facts of that case are of some relevance. there were about 86 weighmen operating in the bangalore market yard. the weighmen association initiated proceedings before the labour officer-cum- enforcement authority under the minimum wages act, 1948, against bangalore market committee seeking minimum wages for its members, who were licensed weighmen. the market committee resisted the claim contending that the ...

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Aug 05 2004

Suresh Chandra Vs. Vice Chairman, Ghaziabad Development Authority

  • Decided on : 05-Aug-2004

Court : Allahabad

Reported in : (2004)3UPLBEC2470

r.b. misra, j.1. heard sri manoj kumar sharma, learneed counsel for the petitioner and sri h.r. mishra, learneed counsel for the respondent, ghaziabad development authority. 2. in this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/ghaziabad development authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class iv category i.e., to the post of peon or security guard and for payment of arrears of salary in the regular pay scale like other employees since the month of march, 1994.3. brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. he filed writ petition no. 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the government order dated 21.10.1989 claiming that some juniors to him stood regularised.4. according to the petitioner the respondent had stopped the petitioner from putting his signatures and have withheld his salary, however the above writ petition was disposed of by this court on 7.10.1998 (annexure-8 to the writ petition) directing the vice-chairman, ghaziabad development authority (in short called as 'authority' hereinafter) to decide the representation, of the petitioner. consequently, the petitioner's representation was considered and decided by a ...

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May 11 2005

Prem Chand And Ors. Vs. Union Of India (Uoi) And Ors.

  • Decided on : 11-May-2005

Court : Central Administrative Tribunal (CAT) - Delhi

Reported in : (2006)(2)SLJ1CAT

... ingredients of their employment being directly controlled in all respect by the icmr. in such an event merely because a project is undertaken by icmr though funded by the ministry of family welfare and on consolidated fund of india have to be treated as employees of the council as per bye-law-i.in jawaharlal nehru krishi vishwa vidayalaya, jabalpur, m.p. v ... government or the central government to deny them the same benefits as admissible to members of the permanent staff of bwhg. the decisions reported in karnataka state private college stop-gap lecturers assn. v. state of karnataka and govt. of india v. court liquidator's employees assn. may also be beneficially referred to. 17. on the basis of the scheme, as promulgated ... jurisdiction on indian council of medical research (icmr), vide notification issued by dopt, the following reliefs have been sought: (i) to take immediate action to give effect to the casual labourers (grant of temporary status and regularisation) scheme of the government of india 1993 and grant the petitioner temporary status with effect from date/dates they became eligible for the same ... from the same fund back to the people. may be that in every situation the same tax paper is not the beneficiary. this is an incident of taxation and a necessary concomitant of living within a welfare society. 23. the second case (jacob) arose from kerala. upon the establishment of kerala water authority under kerala water supply and sewerage act, 1986, all the ...

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Mar 30 1998

M/s. Larsen and Toubro Limited, Bangalore and Another Vs. State of Kar ...

  • Decided on : 30-Mar-1998

Court : Karnataka

Reported in : ILR1998KAR1897; 1998(4)KarLJ323; (1999)IILLJ532Kant

... b.:oneprivatesector undertakings:one contractors:two(c)employeesfiveemployeesin public sector undertakings:onek.e.b.:oneprivatesector:onecontractors:two total:eleven18. the composition of the karnataka state contract labour advisory board was in keeping with the requirements of the act and the rules. there was due representation of the employees and employers and the contractors on the board.19. mr. vijaya shankar ... are paid fair wages which are far in excess of the prescribed minimum rates of wages under the provisions of the minimum wages act, 1948. the contract labour are extended the benefit of employees state insurance and provident fund, earned leave, weekly offs and holidays and other benefits as provided under various legislations. they are provided with uniforms, shoes etc ... year 1986. it has 495 employees on its rolls.5. it has been averred in the petition that the first petitioner is running a heavily subsidised canteen as welfare measure for the benefit of its employees. the canteens are being run through contractors right from the time of starting the canteens. the canteen at 1st petitioner factory ... of management, the interest taken by the employer in providing, maintaining, supervising and controlling the service, the contribution made by the management in the form of infrastructure and funds for making the service available, etc.'. 24. a reading of the above judicial decisions and principles enunciated therein leaves no element of doubt that the working of statutory ...

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May 11 1988

Coffee Board, Karnataka, Bangalore Vs. Commissioner of Commercial Taxe ...

  • Decided on : 11-May-1988

Court : Supreme Court of India

Reported in : AIR1988SC1487; (1988)2CompLJ161(SC); JT1988(2)SC448; 1988(1)SCALE1055; (1988)3SCC263; [1998]Supp1SCR348; [1988]70STC162(SC)

... insertion of clause 29a in article 366. this definition is prospective in operation. subsequent to 3rd of february, 1983, the karnataka sales tax act was amended by act 10 of 1983, act 23/1983 and act 8/1984. the definition of 'sale' in section 2(t), however, was not amended. that definition was amended with ... the state, at the same rate at which tax would have been leviable on the sale price of such goods under section 5 of the karnataka act. the delivery of coffee by the coffee growers to the coffee board not being treated a purchase by the board, the state did not ... of forms, sale is a transfer of property in the goods by one, the seller, to the other, the buyer.15. under the karnataka sales tax act, sale is defined under section 2(t) as:'sale' with all its grammatical variations and cognate expressions means every transfer of the property in ... some. this decision in our opinion concludes all the issues in the instant appeal.20. in 1970 purchase tax was introduced. the karnataka sales tax act was amended by karnataka act 9 of 1970 and section 6 was substituted. the new section 6 provided for the levy of purchase tax on every dealer ... from out of appropriations made by the parliament annually. this fund was to be utilised for meeting the costs of administration, research, measures for the welfare of plantation labour, promotion of coffee consumption and developmental assistance to coffee estates. after the coffee act was enacted the production of coffee and the quantities exported ...

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