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Search Results Judgments > 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

... 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 ...

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 ...

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 ...

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

... 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 ... 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 ... read as under: (SCC p.63, Para 125) 125. (5) On issuance of prohibition notification under Section 10(1) of the CLRA Act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to conditions of service, the industrial adjudicator will have to consider the question whether the contractor has been interposed either ... 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 ...

Feb 03 2005

Pritish Ranjan Roy and Ors. Vs. State of Tripura and Ors.

  • Decided on : 03-Feb-2005

Court : Guwahati

... workmen but to eradicate unfair labour practice and to undo social injustice and as a measure of labour welfare and imposition of certain conditions as to eligibility for the benefit of the relief.80. The Supreme Court in : (1997)IILLJ698SC Executive Engineer, State of Karnataka v. K. Somasetty and Ors ... funds are not available, the Court has no right to issue direction to regularize the service of such an employee or to continue him on some other project, for the reason that 'no vested right is created in a temporary employment'.59. If the workmen appointed without following any procedure prescribed under the Act ... Karnataka v. K. Somasetty and Ors., relying on its earlier decisions in Union of India v. Jai Narain Singh 1995 Supp. (4) SCC 672; State of H.P. v. Suresh Kumar Verma (supra) has held that State while discharging public welfare function can not be said to be an industry and the decision of the Labour ... v. Suresh Kumar Verma (supra) has held that State while discharging public welfare function can not be said to be an industry and the decision of the Labour Court made in reference to Section 10 of Industrial Disputes Act, 1947 reinstating the daily wagers discharged from the project was ... Karnataka and Ors. : (1993)IILLJ831SC as well as the decision of A.K. Jain v. Union of India 2 SCC Service Law Journal 203 (Sic) and Rajbinder v. State of Punjab and Ors. 2 SC Service Law Journal 521 (Sic).11. The references were made on behalf of the petitioner on Daily rated Casual Labour ...

Feb 28 2006

Sandeep Dwellers Pvt. Ltd. Vs. Union of India (UOI)

  • Decided on : 28-Feb-2006

Court : Mumbai

Reported in : 2006(6)ALLMR736; 2007(3)BomCR898

... fund. He argues that Provident Fund Act does not cover casual labour and according to him casual in this case means an employee not working for any particular duration but for brief period. He further argues that the issue is considered by Division Bench of Karnataka High Court reported at 1993 (II) C.L.R. 152 in case between Jyothi Home Industries v. Regional Provident Fund ... establish before the Adjudicating Officer the defence which is sought to be urged. The Supreme Court held in Andhra University v. Regional Provident Fund Commissioner : (1986)ILLJ155SC that E.P.F. Act is a beneficent piece of social welfare legislation aimed at promoting and securing the well-being of employees and the Court will not adopt a narrow interpretation which will have the ... should, not be a casual, labour/employee. But the question as to whether the employee is a casual or not will again be the question of fact and this will depend, upon each case.Division Bench of Karnataka High Court reported at 1993(II) C.L.R. 152 in case between Jyothi Home Industries v. Regional Provident Fund Commissioner (supra) has also considered ... nature described in paragraph 13 are not contemplated to be included in P.F. Act. He has drawn support from judgment of Orissa High Court in case between Executive Engineer National Highway Division v. Regional Provident Fund Commissioner 1988 L.I.C. 690 (supra) and also judgment of Karnataka High Court in Jyothi Home Industries v. RPFC at 1993(II) L.L.N ...

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 26 2007

Dwijendra Nath Singha and Ors. Vs. State of West Bengal and Ors.

  • Decided on : 26-Jul-2007

Court : Kolkata

Reported in : [2007(115)FLR233]

... by the Apex Court. The Apex Court put emphasis on the fact that in evidence before the Industrial Tribunal it came out that the canteen workers were employee under the Welfare Fund Scheme of the bank and they were eligible for periodical medical check u by the doctors of the bank. These facilities weighed with the Apex Court while granting regularization ... the said application by holding that the appellants prayer could be effectively considered by the appropriate authority under Section 10 of the Contract Labour Abolition and Regulation Act, 1997 or under the appropriate provisions of Industrial Dispute Act, 1947. According to His Lordship, the Writ Court was not the proper forum.2. Being aggrieved by and dissatisfied with the judgment and ... Overseas Bank (supra) His Lordship was right in allowing the writ petition.Mr. Chowdhury relied upon very recent decision of the Apex Court in the case of State of Karnataka v. Uma Devi (supra). Here the Apex Court deprecated the practice of regularization of the casual employees appointed dehors the services rules. In the said case the earlier decisions ... 10 of the Contract Labour Regulation Act. His Lordship was also not right in effusing to interfere with the controversy by granting them leave to approach the Industrial Tribunal under the Industrial Disputes Act. It is true that the University did not have any statutory obligation to maintain any canteen. They volunteered to patronize those canteens for the welfare of the students. ...

Jul 01 2010

Central Government Employees ... Vs Union Of India And Ors.

  • Decided on : 01-Jul-2010

Court : Delhi

... matter of fact the bank itself was found to be running the canteen and the canteen workers were also found to be enlisted under a welfare fund scheme, provident fund scheme and medical scheme of the bank. It was in these facts that the said canteen workers were held to be the employees of ... India Ltd. (2004) 3 SCC 547.x. Haldia Refinery Canteen Employees Union v. Indian Oil Corporation Ltd (2005) 5 SCC 51.xi. State of Karnataka v. KGSD Canteen Employees Welfare Association (2006) 1 SCC 567.xii. Hindalco Industries Ltd v. Association of Engineering Workers (2008) 13 SCC 441.8. From the aforesaid judgments ... found genuine the Industrial Tribunal / Labour Court has no option but to reject the reference made to it because in such case there is no relationship of employer and employee and hence no industrial dispute within the meaning of Section 2(k) I.D. Act.ii. Control and Supervision. A ... accordance with the aforesaid recommendations of the Staff Welfare Review Committee and Second Pay Commission, besides the respondent No.3, the Central Services Sports Control Board and Departmental Canteens were also established.2.3 That the respondent No.3 has been funded by the Central Government and has been functioning ... scale of pay is payable only to an employee when he holds a status. In this regard, the subsequent judgment in Secretary, State of Karnataka v. Umadevi 2006 (4) SCC 1 may also be noted. The courts by their order cannot impose persons not recruited in employment as per prescribed ...

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