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Judgment Search Results Home > Cases Phrase: minimum wages act 1948 Page 1 of about 360,136 results (0.854 seconds)

Mar 07 1968 (HC)

Union of India Owning and Representating the Central Railway Administr ...

Court : Mumbai

Reported in : AIR1969Bom310; (1968)70BOMLR548; 1968MhLJ771

..... application should proceed on merits.3. the first contention of the petitioners is that the word 'road' in entry no. 7 in part i of the schedule to the minimum wages act, 1948, does not include a railway track or railway line therefore, the construction and maintenance of a railway track does not amount to construction and maintenance of a road within the ..... the nature of the alleged employment of the respondents nos. 2 to 201 did not fall within any one of the entries in part i of the schedule to the minimum wages act, 1948. the petitioners, therefore, contended that the respondent no. 1 had no jurisdiction to entertain the application of the remaining respondents. the respondent no. 1 thereafter heard submissions made ..... of india as representing the central railway administration for writs of certiorari and prohibition, praying for quashing of two orders made by the respondent no. 1 the authority under the minimum wages act, 1948, for neral area. the said authority is also the civil judge, junior division, at karjat in kolaba district. the respondents nos. 2 to 201 are alleged to have ..... 1, being application no. 1 of 1964, for recovery of wages alleged to be due to the said respondents being the difference between the minimum wages fixed by the central government under the minimum wages act, 11 of 1948 and the wages alleged to have been paid to them. they also claimed overtime wages alleging that the minimum wages act, 1948 prescribed work for 8 hours a day, whereas they had been .....

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Jan 31 2001 (HC)

Chacha Nehru Vidyapith Vs. Authority Under Minimum Wages Act, 1948-cum ...

Court : Jharkhand

Reported in : 2001(49)BLJR1066; [2001(89)FLR1060]; (2001)ILLJ1439Jhar

..... 9th july, 1993. s.o.--in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 of the minimum wages act, 1948 (11 of 1948), read with sub-section (2) of section 5 of the said act and after having considered all the representations received on the proposal notified under clause (b) of the sub-section (1) of section 5 of ..... , chacha nehru vidyapith, is not schedule-employment and it is not covered by any employment specified in a schedule of minimum wages act, 1948 and further for quashing the orders passed by respondents whereby it is held that the petitioner school is liable to pay minimum wages to its employees mentioned therein. 2. the facts of the case lie in a narrow campus. 3. petitioner is ..... upto class vi standard. the employees of the petitioner school are teachers as well as clerk and ad-ministerial staff. in 1994, respondent no. 3, labour superintendent-cum-inspector under minimum wages act, filed an application against the secretary of the school for and on behalf of the teachers and non-teaching employees of the school for awarding compensation equal to the ..... the said act and also after consulting the bihar minimum wages advisor board, the governor of bihar is pleased to revise the minimum rates of wages for certain category .....

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Jul 21 2009 (HC)

Scantec (India) Private Ltd. Through Its Managing Director, Shri S.K. ...

Court : Mumbai

Reported in : 2009(111)BomLR3893; (2010)ILLJ477Bom

..... shri mehadia, advocate for respondent no. 3. none present for the respondent no. 1 & 2.2. petitioner has challenged the order of authority under minimum wages act 1948 and the regional labour (c) nagpur dated 15.1.1998 by which the petitioner was ordered to deposit the difference of wages of rs. 1,27,530/- and compensation equal to fifty percent of the difference of ..... the respondent no. 3 - shri mehadia has nothing to say. none appeared for the respondent no. 1 & 2.6. on perusal of the provisions of section 20(3) of the minimum wages act it appears that where an employee has any claim of the nature referred to in sub-section (1), the employee himself, or any legal practitioner or any official of a ..... , it passed an impugned order.4. learned counsel for the petitioner has submitted that claim under section 20(3) of the minimum wages act has to be initiated by the employees who complain that no wages are paid to them or some short wages are paid. here is the case where concerned employees have not raised any grievance. therefore, it was not property on the ..... wages amounting to rs. 63,765/- towards payment due to employees under section 20(3) of the minimum wages act.3. facts leading to this petition are thus-assistant labour commissioner (central) had initiated .....

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Jun 01 2006 (HC)

Karnataka Handloom Development Corporation Ltd. Represented by Its Man ...

Court : Karnataka

..... . shri. subramanya, appearing for the petitioner contends that the impugned order is contrary to the statutory provisions of the minimum wages act, 1948 (hereinafter referred to as 'the act' for brevity). section 20 of the act stipulates that a claim on account of non-payment of minimum wages ought to be preferred within six months from the date it is due. the claim was belated and the delay ..... negative.air freight ltd v. state of karnataka and ors. 1999 llr 1008: wherein the supreme court held that under the provisions of the minimum wages act if the employer is paying a total sum which is higher than minimum wages fixed, including variable dearness allowance - he would not be required to pay the said allowance, separately. by this token of reason the counsel for ..... petitioner in the case on hand, would contend that in the alternative to his contention that there was no relationship of employer-employee - since the conversion charges paid exceeds the minimum wage fixed - there is no further legal obligation on the petitioner.10. per contra, the counsel for the respondent would seek to support the impugned order and would place reliance on ..... was unexplained and hence it ought to have been rejected.7. that the conversion charges paid by the petitioners to the weavers cannot be treated as wages.8. that .....

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Jan 20 1983 (SC)

Sanjit Roy Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1983SC328; 1983LabIC312; (1983)ILLJ220SC; 1983(1)SCALE38; (1983)1SCC525; [1983]2SCR271

..... above, mandates that no person shall be required or permitted to provide labour or service to another on payment of anything less than the minimum wage and if the exemption act, by excluding the applicability of the minimum wages act 1948, provides that minimum wage may not be paid to a workman employed in any famine relief work, it would be clearly violative of article 23. the respondent ..... workman and in a given case he may ever be liable to be thrown out of employment, but he cannot be paid less than the minimum wage, unless, of course, the minimum wage fixed by the notification under the minimum wages act 1948 is co-related with the quantity of work to be turned out by the workman. otherwise, it would be the easiest thing for the ..... ground that the work turned out by such workman is less than the norm fixed by the public works department, unless and until a notification is issued under the minimum wages act 1948 co-relating the minimum wage with a particular quantity of work to be turned out by the workman. 8. since the petitioners have succeeded in the writ petition, the respondent will pay ..... in and around tilonia village. it operates through various groups and the present writ petition has been sled by the petitioner for the purpose of remedying gross violations of the minimum wages act, 1948 which have been discovered by on such group. these violations, according to the petitioner, have been taking place in the following circumstances and they need to be redressed through .....

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Sep 19 2006 (HC)

Lubi Electricals Ltd. Vs. A.T. Painter

Court : Gujarat

Reported in : (2007)IIILLJ122Guj

..... to him, looking to the record, the company is paying more than the minimum wages prescribed under the minimum wages act and there is no dissatisfaction amongst the workmen about the settlement, therefore, view taken by the authority under the minimum wages act, 1948 is contrary to the provisions of the minimum wages act, 1948. he submitted that the minimum wages authority has committed gross error in partly allowing the application filed by the government ..... of 1998 which were filed by the applicant government labour officer under section 20(3) of the minimum wages act, 1948. under the impugned judgment, the labour court and the authority under the minimum wages act, 1948 has partly allowed said applications and directed the establishment to pay minimum wages prescribed under the minimum wages act to all workmen working in the establishment within thirty days from the date of receipt of copy ..... labour officer. according to him, the authority under the minimum wages act, 1948 ought to have dismissed the application filed by the government labour officer. he .....

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Apr 26 1962 (HC)

Union of India and anr. Vs. B.D. Rathi and ors.

Court : Mumbai

Reported in : AIR1963Bom54; (1962)64BOMLR676; [1962(5)FLR435]; ILR1962Bom830

..... a scheduled employment.2. these applications were opposed by the central railway on the ground that the authority had no jurisdiction to entertain claims prior to 1957, and that the minimum wages act, 1948, was not applicable to the employees-applicants, as these employees are entitled to remuneration as per prescribed scale of pay and hours of employment regulations of central railway, from the ..... article 227 of the constitution.3. mr. parikh, who appears for the central railway, contends that the authority was wrong in holding that the provisions of the minimum wages act, 1948, (hereinafter referred to as the said act) applied to the cases of the employees concerned. the contention advanced by mr. parikh before us is slightly different from the contention advanced before the authority. this ..... is continuous, shall not be employed for more than 54 hours a week on the average in any month. reading this rule along with rule 25 framed under the minimum wages act, 1948, it is clear that if an employee works for more than 48 hours a week (but not more than 54 hours), he would be entitled to overtime ..... meaning of section 4(1). the government had no statutory authority to provide for separate enforceable minima for the several components in the wages structure.' in our opinion, this would be the correct view of the provision of the minimum wages act, 1948.9. reference was also made to bahadursingh birsingh v. c.p. fernandes, : (1956)illj553bom , and the decision of the supreme court .....

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Apr 25 1962 (HC)

Union of India Vs. Rathi B.D.

Court : Mumbai

Reported in : (1962)IILLJ655Bom

..... a scheduled employment. 2. these applications were opposed by the central railway on the ground that the authority had no jurisdiction to entertain claims prior to 1957, and that the minimum wages act, 1948, was not applicable to the employees-applicants, as these employees are entitled to remuneration as per prescribed scale of pay and hours of employment regulations of central railway, from the ..... under art. 227 of constitution. 3. mr. parikh, who appears for the central railway, contends that the authority was wrong in holding that the provisions of the minimum wages act, 1948 (hereinafter referred to as the said act), applied to the cases of the employees concerned. the contention advanced by mr. parikh before us is slightly different from the contention advanced before the authority. this ..... employment is continuous, shall not be employed for more than 54 hours a week on the average in any month. reading this rule along with rule 25 framed under the minimum wages act, 1948, it is clear that if an employee works for more than 48 hours a week (but not more than 54 hours), he would be entitled to overtime ..... of s. 4(1). the government had no statutory authority to provide for separate enforceable minima for the several components in the wage-structure.' 13. in our opinion, this would be the correct view of the provisions of the minimum wages act, 1948. 14. reference was also made to bahadursingh birsing v. c. p. fernandes : (1956)illj553bom and the decision of the supreme court in .....

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Sep 23 1958 (HC)

Bidi Leaves and Tobacco Merchants' Association Vs. State of Bombay

Court : Mumbai

Reported in : (1959)61BOMLR890; (1959)IILLJ286Bom

..... . 1557-j. - in exercise of the powers conferred by sub-section (2) of s. 5 read with clause (b) of sub-section (1) of that section of the minimum wages act, 1948 (xi of 1948), and after consulting the advisory board and in supersession of the former government of madhya pradesh labour department notification no. 564-451 - xxiii, dated 23 february, 1956, the government ..... entire notification for convenience of reference. it runs as follows :- 'no. mwa. 1557-j. :- in exercise of the powers conferred by sub-section (2) of s. 5 read minimum wages act, 1948 (xi of 1948), and after consulting the advisory board and in supersession of the former government of madhya pradesh labour department notification no. 564- 451-xxiii, dated 23 february, 1956, the government ..... . 1557-j. in exercise of the powers conferred by sub-section (2) of s. 5 read with clause (b) of sub-section (1) of that section of the minimum wages act, 1948 (xi of 1948), and after consulting the advisory board and in supesession of the former government of madhya pradesh labour department notification no. 564-451-xxiii, dated 23 february, 1956, the government ..... court of india in bejay cotton mills, ltd. v. state of ajmer : (1955)illj129sc venkatarama ayyar, j., traced the genesis of the minimum wages act, 1948 (xi of 1948). he said that it was passed in consequence of the 'minimum wage fixing machinery convention' held at geneva in 1928 and certain resolutions passed at the convention which were embodied in arts. 223 to 228 of .....

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Feb 03 1997 (HC)

Surya Rau V. V., E.D. Nocil and Others Vs. Surendra Ramkrishna Tendulk ...

Court : Mumbai

Reported in : 1997BomCR(Cri)505; (1998)ILLJ629Bom; 1998(3)MhLj281

..... registers as required under the minimum wages act, 1948 and the maharashtra minimum wages rules, 1963 or is it the contractor alone who is bound to maintain the records and registers. 9. a look at the provisions of the minimum wages act, 1948 hereinafter referred to as the minimum wages act and the maharashtra minimum wages rules, 1963, hereinafter referred to as the minimum wages rules, will be of considerable ..... assistance in deciding the issue raised in these petitions. section 2(e) of the minimum wages act defines an 'employer'. the definition reads as under :- ''employer ..... should be rejected on that count also. 5. developing his first argument the learned counsel on behalf of the petitioner contends that under the provisions of minimum wages act, 1948, in case where contract labour is engaged, it is the contractor who has to maintain the record/registers. it is further contended that a perusal of ..... was also joined as an accused. 3. in the complaint, the complainant has alleged that nocil had violated the provisions of the minimum wages act, 1948 as also the provisions of the maharashtra minimum wages rules, 1953 by not maintaining registers in respect of the employees engaged through contractor to do work in the establishment. it was the .....

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