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Showing 1 to 20 of 30 Records Search Text: board resolution appointment occupier factories 1948 |
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1987 (4) TMI 502 - BOMBAY HIGH COURT The court concluded that the Managing Director of the respondent Company does not qualify as an 'employee' under section 2(9) of the Employees' State Insurance Act, 1948. It determined that the Managing Director's role and responsibilities align with those of a 'principal employer' as defined in section 2(17) of the ESI Act. Consequently, the respondent Company does not meet the threshold of engaging 20 employees, and the ESI Act's provisions do not apply. The court dismissed the appeal, affirming that managerial roles fall within the employer category under the ESI Act.
2022 (6) TMI 314 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH , NEW DELHI CIRP process - Leave encashment amount payable to the applicant shall be treated as part of CIRP cost, or not - HELD THAT:- Admittedly, the gratuity amount of Rs. 8,02,500/- has been paid, during the pendency of the I.A before the Adjudicating Authority - Leave Encashment of Rs. 5,67,100/- has been admitted to be payable and since being Director he has been treated as related party and therefore, the Adjudicating Authority has rightly recorded that leave encashment amount payable to the applican... ... ...
1996 (9) TMI 503 - Supreme Court Whether in the case of a company which owns or runs the factory, it is only a director of the company who can be notified as the occupier of the factory within the meaning of proviso (ii) to section 2(n) of the Act, or whether the company can nominate any other employee to be the occupier by passing a resolution to the effect that the said employee shall have "ultimate control over the affairs of the factory? Held that:- Appeal dismissed. In the case of a company, which owns a factory, it is onl... ... ...
1963 (9) TMI 30 - HIGH COURT OF CALCUTTA B.C. MITRA, J.
Ranadeb Chaudhuri, S.C. Sen and S. Mukherjee for the Petitioner.
Sankar Ghosh, R.C. Nag S. Chaudhuri, A.C. Mitra, Salil Roy Choudhury and C. Bachawat for the Respondent.
JUDGMENT
This is an application under sections 397 and 398 of the Companies Act, 1956. The Sindhri Iron Foundry (Private) Ltd. (hereinafter referred to as the company) was incorporated under the Companies Act, 1956, as a private company on September 10, 1957. The authorised capital of the company is R... ... ...
1962 (12) TMI 73 - Supreme Court The court held that the agreement between the parties was binding, Rule 23 did not contravene Articles 13 and 14 of the Constitution, and sub-Rule (6) of Rule 23 was valid under the rule-making power conferred by Section 30 of the Act. The appeal was dismissed with costs. Justice Raghubar Dayal dissented, arguing that Rule 23 was discriminatory and that sub-Rule (6) was beyond the State Government's power, advocating for the striking down of the entire Rule 23.
1997 (2) TMI 434 - HIGH COURT OF GUJARAT R. BALIA, J.
B.R. Shah, R.K. Mishra, Kamal B. Trivedi, Rakesh Gupta and K.S. Jhaveri for the Petitioners. Kirit Raval, B.H. Chhatrapati, Nfiranjan J. Bhatt, S.N. Soparkar, Bharat T. Rao and S.N. Shelat for the Respondent.
ORDER
Balia, J. - The two petitions raise substantively identical questions and have been heard together at the request of counsel for the parties. Hence, I propose to deal with same by a common order.
First about Facts:
FACTS AND PRELIMINARY OBJECTIONS RELATING T... ... ...
2025 (3) TMI 347 - DELHI HIGH COURT Duty leviable under Section 3 (7) of the CTA is independent of the impost created by Section 5 of the IGST or not - supply of service conferred that character by virtue of Schedule II of the CGST would remain unimpeded by the concept of import of goods as ordinarily understood or not - Levy of additional duty of customs over and above the IGST - HELD THAT:- An integrated tax on the import of services can only be imposed under Section 5 (1) of the IGST. A supply of service once so classified cann... ... ...
2019 (2) TMI 1050 - ALLAHABAD HIGH COURT Winding up petition - Power of Bank to file winding up petition - Whether feasible scheme for revival available, the power under Section 45-MC could be exercised for winding up? - HELD THAT:- An appeal will lie only if it is so provided in the statue. Its scope and procedure shall be as is provided there. The power, to grant or not to grant an interim order or the extent to which an interim order can be granted or an automatic stay of the impugned order, would be governed by the language of the ... ... ...
2025 (4) TMI 1178 - Supreme Court The SC affirmed the Appellant's conviction under the Employees' State Insurance Act for failing to remit ESI contributions deducted from employees' wages. The court held that the Appellant, as General Manager and Principal Employer, was criminally liable for non-payment. The conviction under Section 85(i)(b) was sustained, with a six-month imprisonment and Rs.5,000 fine, rejecting arguments about company's sick status and subsequent payment of dues.
2019 (11) TMI 1396 - Supreme Court (LB) Natural person v/s artificial legal person - rights and duties conferred on artificial legal persons - legal personality and the physical corpus on which legal personality is conferred - HELD THAT:- A legal person possesses a capability to bear interests, rights and duties. Salmond makes a crucial distinction between legal personality and the physical corpus on which legal personality is conferred. Legal persons, being the arbitrary creations of the law, may be of as many kinds as the law please... ... ...
2004 (1) TMI 71 - Supreme Court Constitutional significance centering around entries 52,54 and 97 in List I and entries 23,49,50 and 66 in List II of the Seventh Schedule to the Constitution of India as also the extent and purport of the residuary power of legislation vested in the Union of India. Held that:- The federalism under the Indian context points out to the supremacy of Parliament and the legislative entries contained in different Lists of the Seventh Schedule must be construed accordingly. The interpretation of the l... ... ...
1998 (7) TMI 493 - Supreme Court Who is to be deemed "occupier" of a factory of a Government company incorporated under the Indian Companies Act? Held that:- Appeal allowed. As the factories run by the appellant-Corporation are effectively and really owned and controlled by the Central Government they fall within the purview of clause (iii) and not clause (ii) of the first proviso to section 2(n). Thus the High Court was wrong in taking a contrary view. Thus direct respondents Nos. 1 and 2 to accept the persons appointed by the... ... ...
1990 (2) TMI 267 - Supreme Court Whether the employees of the Statutory canteens were the employees of the Railway Establishment, finder the Factories Act and get a pronouncement on the same? - Held that:- Writ Petitions and appeals of these employees are allowed. The workers engaged in the statutory canteens as well as those engaged in nonstatutory recognised canteens in the Railway Establishments are railway employees and they are entitled to be treated as such. As far as the employees in non-statutory non-recognised canteens... ... ...
1983 (11) TMI 334 - BOMBAY HIGH COURT The court held that directors cannot be automatically considered as "principal employers" under the Employee's State Insurance Act, 1948. The liability for employer's contributions is fastened on the owner or occupier of the factory, not necessarily the directors. The court quashed notices issued to the directors for recovery of contributions, emphasizing that directors cannot be held personally liable unless explicitly designated as such. The court intervened under Article 226 of the Constitution of India due to the immediate threat of enforcing personal liability against the directors.
2024 (8) TMI 325 - MADRAS HIGH COURT Seeking to quash the demand notice of the respondents (TANGEDCO) for arrears of unpaid electricity charges - direction to the respondents to provide the electricity connection - electricity connection disconnected for non-payment of current consumption charges, prior to the commencement of insolvency proceedings - Regulation 17 of the Electricity Supply Code. IBC Scope for Misuse - Is the petitioner liable to pay the arrears of electricity charges which has arisen prior to the commencement of th... ... ...
2024 (4) TMI 914 - Supreme Court Offences triable by Special Court - Offenses under the IBC - offences other than the Companies Act cannot be tried by the Special Court consisting of Sessions Judge or Additional Sessions Judge or not - Whether the Special Court under the Code would be as provided under Section 435 of the Companies Act as it existed at the time when the Code came into effect, or it would be as provided under Section 435 of the Companies Act after the 2018 Amendment? HELD THAT:- This Court has held that once a fi... ... ...
2014 (8) TMI 1084 - Supreme Court Workmen engaged in statutory canteens through a contractor - nature of control - whether workers, engaged on a casual or temporary basis by a contractor (HCI) to operate and run a statutory canteen, under the provisions of the Act, 1948, on the premises of a factory – Air India, can be said to be the workmen of the said factory or corporation?- liability of the principal employer running statutory canteens - status of the workmen engaged Held that:- The mere fact that the Air India has a certain... ... ...
1996 (11) TMI 454 - Supreme Court The Supreme Court clarified that the Central Government is the "appropriate Government" under the Act from its inception. It overruled the narrow interpretation in the Heavy Engineering case, holding that workmen are entitled to be absorbed as regular employees upon abolition of the contract labour system. The Court affirmed the High Court's power under Article 226 to direct absorption from the date of abolition without the need for a reference under the ID Act. Additionally, it rejected previous views that limited the High Court's authority to enforce absorption, emphasizing the workmen's right to be absorbed and the High Court's role in enforcing this right.
1964 (12) TMI 61 - Supreme Court The Supreme Court held that the State Government, acting as a Tribunal under Article 136(1), has judicial power in adjudicating disputes between management and Welfare Officers. The appellate order directing reinstatement of the Welfare Officer was deemed invalid as the termination was not punitive but in accordance with the employment contract. The appeal by the Welfare Officer was found incompetent under Rule 6(6) as it did not meet the criteria for punitive dismissal. Rule 6(3) requiring the Labour Commissioner's concurrence for dismissal was upheld as valid. The Court allowed the appeal, setting aside the State Government's order passed without jurisdiction.
2021 (2) TMI 568 - Supreme Court Seeking Petitioners to undertake a comprehensive and heightened judicial scrutiny regarding the permissibility of the Central Vista Project of the Government of India - challenge is premised on high principles of democratic values as applicable in India and not limited to mere infringement of statutory provisions of the governing enactments - nature of project-being of high political significance and eminence for our democratic republic; and for upholding the Rule of Law , which is on a higher p... ... ...
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