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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 ...

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 ...

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

... Act and also the provisions of the Minimum Wages Act, 1948 and the A.P. Labour Welfare Fund Act, 1987, taking into consideration the activities of these Units, these Units definitely fall within the meaning of 'commercial establishment' and hence these Units are to be registered under the Act and also these Units are governed by the provisions of the Minimum Wages Act, 1948 and also A.P. Labour Welfare Fund Act ... 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 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 ... 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 therewith. Section 2(2) of the said Act ...

Feb 13 1992

Indian Trawlers Association, Ernakulam and Anr. Vs. The State of Keral ...

  • Decided on : 13-Feb-1992

Court : Kerala

Reported in : AIR1992Ker360

... several welfare legislations such as Payment of Bonus Act, Kerala Labour Welfare Fund Act, etc., under which the beneficiaries are the employees of the particular employer. It is submitted that the claim of protection under Article 31C of the Constitution also cannot be had in this case as Section 4 of the Constitution of the Constitution (Forty-Second Amendment) Act, 1976 ... required. Counsel referred to the decisions reported in Sreenivasa General Traders v. State of A.P. AIR 1983 SC 1246,1.T.C. Ltd. v. State of Karnataka 1985 (Supp.) SCC 476, Om Prakash Agarwal v. Giri.Raj Kishori AIR 1986 SC 726, K. P. Oil Mills v. Commissioner, Ponnani Municipality 1987(1) KLT 123 ... Act, therefore, follows the general pattern of welfare legislations and according to us, falls 'directly under entry 24 of List III which deals with 'welfare of labour including conditions of work, provident funds, employer's liability, workmen's compensation, invalidity and old age pensions and maternity benefits.'Kerala Fishermen's Welfare Fund Act, 1985 is also an Act which provide for constitution of welfare fund for promoting the welfare ... Workers Welfare Fund Act, 1969 is a legislation coming under entry 24 of list III which deals with welfare of labour including conditions 'of work. Provident Fund,employer's liability, workmen's compensation etc. This Court held :'This Act is intended 'to provide for the constitution of a fund to promote the welfare of toddy workers in the State of Kerala'. The Act provides ...

Dec 05 2000

Natvarlal Motilal Chavda Vs. State of Gujarat and Ors.

  • Decided on : 05-Dec-2000

Court : Gujarat

Reported in : (2001)3GLR2508

... out that the appointment of the Welfare Commissioner is required to be made by the Board itself, with the previous approval of the State Government. The Labour Welfare Board is an autonomous Board constituted under the Bombay Labour Welfare Fund Act, 1953 and has been conferred right and privilege under Section 11(1) of the said Act to appoint a Welfare Commissioner of his choice, with the ... assess the merits of the allegations of mala fide made by the petitioner against the second respondent.' In the matter between M. Sankaranarayanan, I.A.S. v. State of Karnataka and Ors., AIR 1993 SC 763 in paragraph-12, the Court has observed that, 'After considering the respective contentions of the learned Counsel appearing for the parties, it appears ... Section 11 of the Bombay Labour Welfare Fund Act permits the Welfare Board to appoint the Welfare Commissioner of its choice. The petitioner was deputed by the State Government as a Welfare Commissioner. If the respondent No. 4; while working as a Chairman, had no cordial relation with the Welfare Commissioner, then it will adversely affect the administration of the entire Welfare Board. Mr. Shelat further ... petitioner was not there on the Board as the Welfare Commissioner. It is pointed out in the reply that the petitioner came to be deputed by the Government on the Board with effect from 25th May, 2000 that too without compliance of the provisions made in Section 11 of the Bombay Labour Welfare Fund Act, 1953. The respondent No. 4 in his ...

Mar 31 1986

Rajkot Engineering Association and Ors. and Vs. Union of India and Ors ...

  • Decided on : 31-Mar-1986

Court : Gujarat

Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)

... Labor Welfare Fund Act (40 of 1953) as amended by the Gujarat Act of 1961, in so far as it related to unpaid accumulations specified in section 3(2)(b), section 3(4) and section 6A of the said Act and the rules 3 and 4 of the rules, was unconstitutional and void. Section 3(1) and section 3(2)(b) of the Bombay Labour Welfare Fund Act, 1953 ... ) , has elaborated at great length on this point while negativing a similar contention and we are in respectful agreement with what has been observed by the Division Bench of the Karnataka High Court in the said case. The contention, therefore, stands rejected. 63. Re : Contention No. 2. - We do not think that this contention is well-founded since it is ultimately ... amended which empowers the State Government to constitute a fund called the Labour Welfare Fund and would consist, inter alia, of unpaid accumulations. Section 6A was a new provision inserted by the amending Act with retrospective effect that all unpaid accumulations would be deemed to be abandoned property and that payment of such accumulations to the Welfare Board in accordance with the provisions of section 3 ... factories employing 10 or 20 persons, as the case may be, have been included and that the purpose of the law is to get in unpaid accumulations for the welfare of the labour. Justice Mathew recognising this as apparent discrimination negatived the challenge on the following grounds pp. 401, 403 of 45 FJR; AIR 1974 SC 1314) : '55. ...Since the classification does ...

Mar 18 2013

HIGH COURT OF PUNJAB AND HARYANA AT Vs. M/s. Atma Tube Products Ltd. & ...

  • Decided on : 18-Mar-2013

Court : Punjab and Haryana

... Act 34. Geneva Conventions Act 35. Apprentices Act 36. Deposit Insurance and Credit Guarantee Corporation Act 37. Motor Transport Workers Act 38. Customs Act 39. The Warehousing Corporations Act 40. The Unit Trust of India Act 41. The Food Corporation Act 42. Payment of Bonus Act 43. Monopolistic and Restrictive Trade Practices Act 44. Contract Labour (Regulation and Abolition) Act 45. Antiquities and Art Treasures Act 46. Architects Act 47. Limestone and Dolomite Mines Labour Welfare Fund Act ... Karnataka, (2008 ... Act 35. Apprentices Act 36. Deposit Insurance and Credit Guarantee Corporation Act 37. Motor Transport Workers Act 38. Customs Act 39. The Warehousing Corporations Act 40. The Unit Trust of India Act 41. The Food Corporation Act 42. Payment of Bonus Act 43. Monopolistic and Restrictive Trade Practices Act 44. Contract Labour (Regulation and Abolition) Act 45. Antiquities and Art Treasures Act 46. Architects Act 47. Limestone and Dolomite Mines Labour Welfare Fund Act 48. Payment of Gratuity Act ... Act 37. Motor Transport Workers Act 38. Customs Act 39. The Warehousing Corporations Act 40. The Unit Trust of India Act 41. The Food Corporation Act 42. Payment of Bonus Act 43. Monopolistic and Restrictive Trade Practices Act 44. Contract Labour (Regulation and Abolition) Act 45. Antiquities and Art Treasures Act 46. Architects Act 47. Limestone and Dolomite Mines Labour Welfare Fund Act 48. Payment of Gratuity Act 49. Wild Life (Protection) Act 50. Foreign Exchange Regulation Act ...

Mar 01 1991

Kesoram Industries and Cotton Mills Ltd. Vs. Commissioner of Income-ta ...

  • Decided on : 01-Mar-1991

Court : Kolkata

Reported in : [1992]196ITR845(Cal)

... employer from dealing with unpaid accumulations, the West Bengal Labour Welfare Fund Act, 1974, was enacted which came into force in September, 1976. All such unpaid accumulations have to be paid to the West Bengal Labour Welfare Board constituted under the said Act. As a matter of fact, says Dr. Pal, the unpaid wages are being deposited with the Welfare Commissioner, West Bengal, and since August, 1976, the ... assessee and it was not a case of starting an altogether new business. Therefore, the assessee was entitled to deduction of interest paid under Section 36(1)(iii).19. The Karnataka High Court in CIT v. Hindusthan Machine Tools (No. 2) : [1989]175ITR216(KAR) , held that where the new units were only a continuation of the existing business of the assessee ... borrowings made by the assessee in establishing its new unit at Bangalore. The High Court held that the business organisation of the assessee both in respect of its administration and funds pertaining to the existing and the new units were common. It was held that the new unit was nothing but an expansion of the assessee's existing business. The High ... wages but also bonus and leave wages. It was forfeited by the assessee during the relevant previous year. 'Forfeiture', according to the Webster's 9th New Collegiate Dictionary, means the act of forfeiting ; the loss of property or money because of a breach of a legal obligation ; something (as money or property) that is forfeited ; penalty.'Forfeiture' has been defined in ...

Mar 02 1993

Vrandavandas Kikabhai Shroff and Anr. Vs. Shri Khan, Mamlatdar and Agr ...

  • Decided on : 02-Mar-1993

Court : Gujarat

Reported in : (1993)2GLR1202

... Division Bench of This Court, considering the question as to whether the provisions of the Bombay Labour Welfare Fund Act, 1953, affecting the unclaimed dues of some employees who may have gone outside the State, was extra-territorial in operation, held that the unpaid accumulations defined under the Act would be earned by the employees within the Stale and the situs of the unpaid ... the pith and substance of the Act has to be looked into and an incidental trespass would not invalidate the law. In para 200 of the separate judgment delivered by Vankataram lyyer, J. in Bengal Immunity Co. Ltd. (supra), the observations which has been approvingly referred to by the Supreme Court in the State of Karnataka v. Ranganatha Reddy (supra) are ... to legislate for regulating the acts done beyond its limits. In the present case there is sufficient territorial nexus between the State and the subject-matter of the legislation.13. The question of extra-territorial operation of Stale Laws came to be considered by the Apex Court in its various important pronouncements. In the State of Karnataka v. Ranganatha Reddy reported ... be-regulated and rationed. Ceiling on agricultural land holding is accepted to be necessary in order lo make available the surplus land (in excess of ceiling limit) to landless agricultural labourers. The constitutional validity of the land reforms to that effect has been upheld by the Supreme Court in the context of the chapter of fundamental rights Hasmukhlal v. State ...

May 02 2006

Ramchand Onkarlal Agarwal Vs. Union of India (UOI) and Ors.

  • Decided on : 02-May-2006

Court : Mumbai

Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339

... ) Act, 1966, (ii) The Beedi Workers Welfare Cess Act, 1976, and (iii) The Beedi Workers Welfare Fund Act, 1976. Moreover different labour laws including the Maternity Benefits Act, 1961, and the Workmen's Compensation Act, 1923 also apply to the petitioner.3...the cess levied on manufactured beedis under the Beedi Workers Welfare Cess Act ... Karnataka High Court reported in (1991) 2 UN 170 between Gaffar and Jahangir Beedi Works, Mysore and Union of India and Ors.. Their Lordships of Karnataka High Court had examined the comparative provisions contained in the Employees' State Insurance Act and Bidi and Cigar Workers (Conditions of Employment) Act ... Acts of the Parliament applicable to the petitioner, namely (i) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966, (ii) The Beedi Workers Welfare Cess Act, 1976, and (iii) The Beedi Workers Welfare Fund Act, 1976. Moreover different labour laws including the Maternity Benefits Act, 1961, and the Workmen's Compensation Act, 1923 also apply to the petitioner.3...the cess levied on manufactured beedis under the Beedi Workers Welfare ... Act, 1936 to the bidi industry.Similarly Section 39 of the B.C.W. Act applies Industrial Disputes Act, 1947 to bidi industry. All these special Acts including Bidi Welfare Fund Act are complete code in themselves. As such the Special Act will prevail upon the ESI Act, 1948.16. In support of the submissions, learned Advocate placed reliance on following judgments:(i) State of Punjab v. Labour ...

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