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Search Results Judgments > Act: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

... 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 ... '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 ... Act namely LIC Act, 1956 read with Rules and Regulations. In terms of 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 ... welfare fund. Hence these writ petitions.4. The respondents have opposed the petition in W.P. No. 23950/ 1996 by filing the statement of objections dated 3.3.1996 inter alia contending that the petitioner-Life Insurance Corporation carries on business of insurance which falls within the definition of the term 'commercial establishment' under the Act ...

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

... 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 ... 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 basis. The accused attempted to avail the advantage of temporary nature of promotions and the conditions imposed in the order of promotion. The Government of Karnataka through the Secretary to the Department of Social Welfare and Labour ... 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 of prosecution against those who have contravened the provisions of Section 14 of the Act ... which is intended to be achieved by constituting the particular act as an offence. Contribution before the due date considering the object and purpose of this provision, which is to ensure the welfare of workers, cannot be said that the offence is ...

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

... 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 ... 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 basis. The accused attempted to avail the advantage of temporary nature of promotions and the conditions imposed in the order of promotion. The Government of Karnataka through the Secretary to the Department of Social Welfare and Labour ... 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 of prosecution against those who have contravened the provisions of Section 14 of the Act ... is intended to be achieved by constituting the particular act as an offence. Contribution before the due date considering the object and purpose is of this provision, which is to ensure the welfare of workers, cannot be said that the offence is not ...

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 ... 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 ... 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'. Under Section 3, the fund ... Labour Welfare Board is statutory body under the Bombay Welfare Fund Act, 1953, which is adopted by the State of Gujarat and it has been so constituted under Section 4 of the Bombay 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 ...

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

... Sequence of events leading to the issuance of notification have been detailed. It has been stated that the Karnataka Labour Advisory Board constituted a Committee on Industrial Canteen on 10th June, 1988. In 1988-89 the constituted committee recommended abolition of contract labour as per its report. Between 1989-94 no decision was taken by the Advisory Board or the ... of the Act have abolished engagement of contract labour. The Government did not take into account the relevant criteria in this regard. By generally abolishing engagement of contract labour in all the factories the Government has contravened Section 10 of the Act. Running of canteen is not incidental to the manufacturing process but is only a statutory welfare requirement under the Factories Act. ... 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. ... resulting in heavy losses in running the canteen.6. It has further been submitted that throughout Karnataka and other places most of the canteens are not run departmentally but through contract labour inasmuch as the provision of canteen facility is only a welfare facility and is not related to the main activity of the industry. The provision of canteen ...

Nov 05 2007

The Chairman, Tuticorin Port Trust Vs. Tuticorin Port Democratic Staff ...

  • Decided on : 05-Nov-2007

Court : Chennai

Reported in : (2007)6MLJ1788

... of the Supreme Court decision in Employers in relation to Management of Reserve Bank of India v. Their Workmen (supra).9. In the case of State of Karnataka v. K.S.G.D. Canteen Employees Welfare Association reported in : (2006)ILLJ691SC , almost similar matter fell for consideration before the Supreme Court. The Supreme Court noticed its earlier judgments rendered in Mishra Dhatu ... having noticed the fact that daily wage labourers were working for more than two decades, after conferring temporary status and wages in the time scale of pay, held that they are entitled for regularisation of their services.7. We have noticed the fact that the canteen was opened by six officers of their own fund. It was run by the managing ... of India v. Their Workmen (supra), while dealing with three categories of canteen, the Supreme Court made the following three categories:a) Statutory canteen under Section 46 of the Factories Act, 1948;b) Non-statutory canteen established with prior approval and recognition of the employer; andc) Non-statutory non-recognised canteen established without prior approval or recognition of the employer. ... argument. These facts have not been noticed by learned single Judge.6. Learned Addl. Solicitor General for the appellant referred to Supreme Court decision in State of Karnataka v. K.S.G.D. Canteen Employees Welfare Association reported in : (2006)ILLJ691SC and submitted that the present case is covered by the aforesaid decision of the Supreme Court. We have noticed the ...

Jul 27 2004

C.J. Patel Tobacco Products Pvt. Ltd. and Ors. Vs. State of Maharashtr ...

  • Decided on : 27-Jul-2004

Court : Mumbai

Reported in : 2005(1)MhLj572

... of said fund is regulated by further Act viz., the Beedi Workers Welfare Fund Act, 1976, (Act No. 62 of 1976) and this fund can be utilised for various purposes including the improvement of housing of the beedi workers. The petitioners state that they are paying this cess as contemplated under the Beedi Workers Welfare Cess Act, 1976, and the said fund is utilised ... on their business in various States including the State of Maharashtra, Madhya Pradesh, Orissa, Bihar, Andhra Pradesh, Tamilnadu and Karnataka. The petitioners state that the beedis are rolled by labourers appointed by the Contractors and these labourers are called as 'Home Workers'. These Home Workers do not roll the beedis at the establishment of the petitioners ... Fund of India. The petitioners further mention that the utilisation of said fund is regulated by further Act viz., the Beedi Workers Welfare Fund Act, 1976, (Act No. 62 of 1976) and this fund can be utilised for various purposes including the improvement of housing of the beedi workers. The petitioners state that they are paying this cess as contemplated under the Beedi Workers Welfare Cess Act ... Acts, the Central Government collects cess from employers in the shape of excise duty on manufactured beedis and further the said duty collected is credited to the Consolidated Fund of India. The petitioners further mention that the utilisation of said fund is regulated by further Act viz., the Beedi Workers Welfare Fund Act, 1976, (Act No. 62 of 1976) and this fund ...

Jul 04 2005

Venkatramani N. Vs. Indian Bank rep. by its Chairperson and M.D. and A ...

  • Decided on : 04-Jul-2005

Court : Chennai

Reported in : (2005)IIILLJ703Mad; (2005)3MLJ614

... law that in matters of welfare legislation, especially involving labour, the terms of contracts and the provisions of law should be liberally construed in favour of the weak....'17. In the Judgment reported in Regional Provident Funds Commissioner, Punjab v. Shibu Metal Works (supra), the Hon'ble Supreme Court, while dealing with the provisions of Employees Provident Funds Act, observed as under in ... also finds support from the judgments of the Hon'ble Supreme Court reported in State of Karnataka v. Vishwabarathi House Building Co-op. Society and Ors. : [2003]1SCR397 , Workmen of Binny Ltd. v. Management of Binny Ltd. and Anr. : (1985)IILLJ564SC , Regional Provident Funds Commissioner, Punjab v. Shibu Metal Works : (1965)ILLJ473SC , Union of India and Anr. v. Hansoli Devi ... provision of Payment of Bonus Act, has held as under 1985-II-LLJ-564 : at p. 567:'9... It is trite law that in matters of welfare legislation, especially involving labour, the terms of contracts and the provisions of law should be liberally construed in favour of the weak....'17. In the Judgment reported in Regional Provident Funds Commissioner, Punjab v. ... provisions of Employees Provident Funds Act, observed as under in 1965-I-LLJ-473 : at pp. 477 & 478:. The object which the Act purports to achieve is to require that appropriate provision should be made for the employees employed in the establishments to which the Act applies; and that means that in construing the material provisions of such an Act, if two ...

Sep 24 1985

Stumpp Schuele and Somappa Ltd. and Vs. State of Karnataka,

  • Decided on : 24-Sep-1985

Court : Karnataka

Reported in : (1985)IILLJ543Kant

... Act. The application reads : 'Form of notice for permission of closure to be given by an employer under Sub-s. (1) of S. 25-O of the Industrial Disputes Act, 1947 (14 of 1947). dated 30th April, 1985. To The Secretary, Government of Karnataka, Social Welfare & Labour Dept., Multi-strayed Building, Bangalore-1. Sir, (WITHOUT PREJUDICE)Under S. 25-O of the Industrial Disputes Act ... challenged by the workmen in the two petitions. The workmen complain that even lay-off compensation has not been paid for want of funds. Learned counsel for the factory-respondent in that case, who is appearing for the petitioner in this case and the learned Advocate ... of its kind in the entire state of Karnataka and it is the seniormost industry. It has earned even Export Award. Only due to gross mismanagement the present dead lock has come into effect. The alleged high labour cost is not true. Most of the ... funds is not true as their balance sheets reveal enormous finances. It is absolutely false to state that the Electronics Industry has no future. In fact there is a bright future for only electronics. The present electronics Division is the first of its kind in the entire state of Karnataka ... operative sector having suffered heavy losses, was taken over by the State Government on 4th November, 1981 under the provisions of Karnataka Relief Undertakings (Special Provisions) Act, 1977, which provides for such take over by the Government of certain categories of sick industries. Being unable to contain ...

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

... Welfare Fund for their respective Weighmen with reference to relevant circumstances and observations made above. If they decide to establish a fund, it will be on such terms as they may decide. There is however no legal obligation to either establish a Welfare Fund, or if such fund is decided to be established, to establish it on the same terms as the Welfare Fund ... Act' will refer to the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, the term 'Rules' will refer to the Karnataka Agricultural Produce Marketing (Regulation) Rules, 1968, the term 'Market Committee' will refer to an Agricultural Produce Market Committee established under the Act, and the term 'Bye-laws' will refer to the Bye-laws framed by the respective Market Committees under Section 148 of the Act ... 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 ... the Market Committees have not introduced Welfare Funds, the respective Weighmen can always give representation to the Market Committees for creation of Weighmen welfare funds and it is for the Market Committees to consider the need and feasibility for establishing such funds and if they decide to establish such a welfare funds, then do so in ...

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