Archive for : 'Labour Laws'

Negotiable Instruments Act, 1881 — Sections 118(a), 138 & 139

Negotiable Instruments Act, 1881 — Sections 118(a), 138 & 139 — Acquittal — Justification — Cheque in question claimed to be issued towards repayment of personal loan — Date on which the loan was advanced not mentioned in complaint — Complainant claimed that the accused had assured him that he will return the money within […]

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Negotiable Instruments Act, 1881 — Sections 118(a), 138 & 139 –

Negotiable Instruments Act, 1881 — Sections 118(a), 138 & 139 — Dishonour of cheque — Admission regarding signature of accused on cheque — Same would not permit the accused to deny the fact that he had not issued the cheque — Said cheque returned on account of insufficient funds — Held, the burden of proving […]

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Payment of Wages Act, 1936 — Section 2(vi

Payment of Wages Act, 1936 — Section 2(vi) — Wages — Minimum bonus payable u/s 10 of Payment of Bonus Act, whether covered — Whether minimum bonus payable under Section 10 of Payment of Bonus Act falls within the ambit of expression “wages” as defined in Section 2(vi) of Payment of Wages Act — Total […]

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Payment of Wages Act, 1936 — Section 15 — Payment of back wages

Payment of Wages Act, 1936 — Section 15 — Payment of back wages — Res judicata — Relief for declaration for promotion sought in the earlier suit without seeking any relief for payment of back wages — The claimant is barred to claim the relief of back wages under the Act — Civil Procedure Code, […]

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Payment of Wages Act, 1936 — Section 15(3)

Payment of Wages Act, 1936 — Section 15(3) — Jurisdiction of authority — Disciplinary action culminating the orders of punishment reducing the pay to the minimum stage of time scale — Held, authority constituted under the Act has no jurisdiction to interfere with the orders passed under the disciplinary proceedings — Service and Labour Law […]

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Payment of Wages Act, 1936 (As amended by M.P. Act of 1964) — Section 3

Payment of Wages Act, 1936 (As amended by M.P. Act of 1964) — Section 3 — Responsibility for payment of wages — Requirement for holding a Director to be liable for payment of wages — As per section 3 liability is cast on person named as Manager of Factory and employer jointly — Therefore in […]

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Payment of Wages Act, 1936 (As amended by M.P. Act of 1964)

Payment of Wages Act, 1936 (As amended by M.P. Act of 1964) — Sections 2, 3 & 15 — Payment of wages — Personal liability of Director, determination — Application u/s 25-O ID Act for closure of a section of company — Factories ceased production due to disconnection of electricity — Challenge to rejection by […]

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Payment of Wages Act, 1936 — Sections 15(3), 2(18) & 1(6)

Payment of Wages Act, 1936 — Sections 15(3), 2(18) & 1(6) — Compensation — Grant of, pre-requisites for, scope — Compensation cannot be awarded when there is no bona fide dispute about amount payable — Respondent filed a suit against LIC for fixing his age of retirement at 58 years — Said suit was decreed […]

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Industrial Disputes Act, 1947 — Sections 25-FFF, 25-F & 33-C(2)

Industrial Disputes Act, 1947 — Sections 25-FFF, 25-F & 33-C(2) — Illegal closure of undertaking and non-payment of wages — Remedy to challenge, scope — U.P. State Mineral Development Corporation Ltd., a company completely owned by the Government was established with a view to provide acceleration in the field of mining and other incidental activities […]

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Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 — Sections 26, 27, 28 & 30(2)

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 — Sections 26, 27, 28 & 30(2) — Unfair Labour Practice — Reorganization of work pattern — Complaint by Trade Union against the Management for unfair labour practices in relation to reorganisation of work pattern — Trade Union contends that said reorganisation […]

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