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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1988SC1487; (1988)2CompLJ161(SC); JT1988(2)SC448; 1988(1)SCALE1055; (1988)3SCC263; Supp1SCR348; 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 .....Tag this Judgment!
Court : Karnataka
Reported in : [2006(108)FLR632]; ILR2005KAR6001; 2006(1)KarLJ365
..... do this job. the inspectors appointed would see that for each child employed in violation of the provisions of the act, the concerned employer pays rs. 20,000/- which sum could be deposited in a fund to be known as child labour rehabilitation-cum-welfare fund.'11. in these circumstances, i am of the view that the impugned order cannot be found fault with in ..... allowed. petitioner filed his written arguments. first respondent thereafter has chosen to pass the an order imposing rs. 20,000/ as compensation to be deposited to the district child labour rehabilitation and welfare fund in terms of annexure-g dated 31-3-2005. a recovery notice was also issued in terms of annexure-h dated 30-7-2005. petitioner in these circumstances is ..... matters there cannot be any rigid or strict enquiry as in other cases. there are social welfare measures and it is in the larger interest of child labour. i cannot but recall what the supreme court has stated while deciding the minimum wages act in ministry of labour and rehabilitation v. tiffin's barytes asbestos and paints ltd. in the said judgment, the court ..... before me.2. i made a specific request to sri subba rao, learned senior counsel to assist the court in the case on hand, in the absence of the child labour .....Tag this Judgment!
Court : Supreme Court of India
..... vijay kumar sharma & ors. vs. state of karnataka & ors... mr. venugopal, in furtherance of his argument on the issue of repugnancy, stated that section 13(1)(j) of the central act which requires that licensed private agencies have to comply with the nine central labour law legislations, does not turn the central act into a labour welfare statute or create an irreconcilable conflict with the ..... the terms and conditions of employment of the private security guards and their welfare. the legislation, therefore, is referable to entry 24 in list iii (concurrent list) in the seventh schedule of the constitution of india. the entry reads as under: 24. welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits ..... . we have, thus, no doubt, in our mind that the state act is a labour legislation, which the state government is competent to enact because of entry 24 found .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1976Cal32
..... delegation23. in v. nagappa v. iron ore mines cess commissioner, : (1973)iillj120sc , the questions arose whether section 2 of the iron mines labour welfare cess act suffered from vice of excessive delegation in as much as in the section the central government was given a blanket power to fix the rate of excise ..... of the seven bridges mentioned in the said notification. powers to levy tolls can be validly exercised under section 2, for the purpose of creating 'fund' for construction of new bridges and roads in future and maintenance of the existing roads and bridges.9. the division bench of the bihar high ..... in the affidavit-in-opposition filed on behalf of the state, but it does not loose its compensatory character for the purpose of creating a 'fund' for construction of future bridges in the state because such purpose cannot be said to be a purpose for which the toll cannot be levied.31 ..... found in the amount of expenditure necessary for carrying out purposes of the act.24. in n. k. papiah & sons v excise commissioner, : 3scr607 , the contention was raised before the supreme court that section 22 of karnataka excise act provides for delegation of the power to fix the rate of the excise ..... duty tp the government by making rules and since no guidance has been furnished to the government by the act for fixing the rate, there was abdication of .....Tag this Judgment!
Court : Karnataka
Reported in : 2005(1)KarLJ333; (2005)IILLJ219Kant
..... is the akila karnataka rajya raste sarige nowkarara mahamandali which is a registered trade union of workmen working in the corporation.4. the ..... 2. the appellants-3 and 2 in writ appeal nos. 3463 and 3464 of 2001 are the karnataka state road transport corporation (hereinafter referred to as 'corporation'), and bangalore metropolitan transport service respectively. the 3rd appellant is the chief labour and welfare officer of the corporation.3. the appellant in writ appeal nos. 3856 to 3857 of 2001 ..... section 3 of the road transport corporation act with a view to provide efficient, economical and properly coordinated transport services to the members of the public in ..... in writ appeal nos. 3463 to 3464 of 2001 is the karnataka state road transport corporation staff and workers federation. the 2nd respondent is an employee and conductor in the corporation and was also the secretary of the road transport corporation employees' death-cum-retirement benefit fund. the corporation and metropolitan transport service have been constituted under .....Tag this Judgment!
Court : Delhi
Reported in : 127(2006)DLT722; 2006(87)DRJ536; (2006)IIILLJ144Del
..... )iillj1094sc , the supreme court observed:-4. recently dealing with such scheme or project employees in s.m. nilajkar and ors. v. telecom, district manager, karnataka, this court observed. it is common knowledge that the government as a welfare state floats several schemes and projects generating employment opportunities, though they are short-lived. the objective is to meet the need of the moment ..... for fulfilling the need of such passing-phase-projects or schemes were to become a liability on the employer-state by too liberally interpreting the labour laws in favor of the workmen, then the same may well act as a disincentive to the state for floating such schemes and the state may opt to keep away from initiating such schemes and projects ..... end because the need for the project comes to an end either because the need was fulfilled or the project had to be abandoned wholly or partially for want of funds, the employer cannot by a writ of mandamus be directed to continue employing such employees as have been dislodged, because such a direction would amount to requisition for creation of ..... posts though not required by the employer and funding such posts though the employer did not have funds available for the purpose.6. in jaipal and ors. v. state of haryana, the employees of the project of adult and non-formal education, a temporary .....Tag this Judgment!