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labour law -01

कारखाना अधिनियम को परिभाषित कीजिए कारखाना अधिनियम 1948 के अंतर्गत दिए गए स्वास्थ्य सुरक्षा कल्याण के लिए किए गए अपबंधों का संक्षेप में वर्णन कीजिए Define the Factory Act. Briefly describe the provisions made for health, safety and welfare under the Factory Act 1948.   कारखाना अधिनियम 1948 के अंतर्गत निरीक्षण की शक्तियां नियुक्ति कार्यों एवं शक्तियों का वर्णन कीजिए Describe the powers, appointment, duties and powers of inspection under the Factory Act 1948.   मजदूरी भुगतान अधिनियम 1936 के अंतर्गत मजदूरी भुगतान का दायित्व किस पर होता है मजदूरी भुगतान के समय संबंध में इस अधिनियम के क्या प्रावधान है Who is responsible for payment of wages under the Wages Payment Act 1936? What are the provisions of this Act regarding the time of payment of wages?   मजदूरी से आप क्या समझते हैं न्यूनतम मजदूरी का निर्धारण करने की प्रक्रिया का वर्णन कीजिए What do you understand by wages? Describe the process of determining minimum wages.   व्यावसाय संघ अधिनियम 1926...

3. Bangalore Water Supply vs. A. Rajappa and others, AIR 1978 SC 553.

 Ref: AIR 1978 SC 553 Sub:- This case is based on Section 2(J) of the Industrial Disputes Act, 1947. Facts of the case: - 1. A.Rajappa was the employee of the Banglore Water Sup- ply and Sewerage Board. 2. A labour dispute arose between A.Rajappa and Bangalore Water Supply which could not be solved peacefully and in order to decide this dispute, an appeal was filed by the Bangalore Water Supply before the Supreme Court for spe- cial leave. Supreme Court:- The Supreme Court had in all total nine disputes before it which included eight special leave appeal and one special application in which there were labour disputes between management and employees. This matter was tried upon by a special bench of seven judges in which Chief Justice Shri Beg was one of them. The main question before the Supreme Court was whether the definition of 'Industry' provided in Section 2(J) of the Industrial Dis- putes Act, 1947 should be taken as in a narrow meaning or it should be considered in its w...

2. Pwattory Mazdoor Panchayat vs. The Perfect Pwattory Co. Ltd. and others, AIR 1979 SC 1356

Ref :- AIR 1979 SC 1356   Sub :- This case is based on Sections 10 and 154 of the Industrial Dis This case 1947 which concerns with the jurisdiction of the putes Act, ribunal and also based on Sections and 82 of the Madhya Pradesh Industrial Relations Act, 1960. Facts of the case: - 1. The Perfect Pwattory Company manufactured stone ware pipe and other anti-heat equipment in its factory. 2. This factory was known as The Perfect Pwattory Works. 3. The Company took Pollypanther mines on lease for its fac- tory in which 81 labourers were appointed. 4. This Company issued a notice on 24 April 1976 stating that it was going to close down the factory on 1 July 1976. 5. The Company cited economic and other reasons for issu- ing this notice. 6. Because of this notice, Pwattory Mazdoor Panchayat which is an appellant in the matter, filed first application in the DeputyLabour Commissioner, MP and preferred second application before the Divisional Labour Commissioner, Jabalpur for compromis...

1. A. Mackenzie vs. J S Izzak, AIR 1970 SC 1906

Ref : AIR 1970 SC 1906 Sub :- This case is based on Section 2 of the Workmen Compensation Act, 1923. Facts of the case :- 1. S.S. Dwarka is a ship whose owner is The British India Stream Navigation Limited and Mackenzie was its agent. 2. Shaikh Ibrahim Hasan was a class II seaman on this ship and who was missing from the ship. 3. It was clear from the medical log book that he had a chest pain on 13 December 1961 and he was suffering from it. 4. It was known from the medical checkup that nothing was unusual and medical officer gave him medicines and con- firmed his recovery and joining back on his duty next day. 5. It was known from the log book of the office on 16 Decem- ber 1961 that he was on the ship that day and he was seen on the bridge at 2:50 in the morning. 6. He was found missing at 6:15 in the morning. The master of the ship informed on the radio message at 7:30 in the morning that a seaman is missing between Khoramsar and Asahar and he is likely to be missing in the river. ...

4. Madhya Pradesh Rice Mill Association (Plaintiff) Vs State of M.P. (Defendant)

AIR 1999 (1) MPLJ 315 Sub :- This case is based on the constitutionality of the consent fees and license fees being collected from the rice mills under the Water Pollution (Prevention and Control) Act, 1974. Facts of the case: - 1. Petitioner, MP Rice Mills Association, Raipur, which is a registered society, has filed a special petition under Articles 226 and 227 of the Constitution. 2. In this petition, the petitioner prayed that a consent fees and license fees are collected by the State of MP from the rice mill owners for renewal of the licence under the Rice Milling Industry Regulation Act, 1958 which is beyond the jurisdiction of Sections 4 and 5 of the Water Pollution (Prevention and Control) Act, 1978. 3. Since, these rules should apply to only those industries which release polluted water streams whereas rice mills flow out the discharged water only on the land. 4. Rice mills do not create any type of water pollution and business of these mills is seasonal and it is only for 4 ...

3.Santosh Kumar Gupta (Petitioner) Vs Secretary, Ministry of Environment (Respondent)

AIR 1998 MP 43 Sub : This case is related to Section 31 A of the Air Pollution (Preven- tion and Control) Act, 1981 Facts of the case: - 1. In this case, two public interest litigation petitions have been filed before the Gwalior Division Bench of the High Court. 2. First petition has been filed with a complaint that vehicles filled with kerosene oil, diesel etc in an Unauthorized manner are being run in Gwalior and its surrounding areas.  3. It has created polluted environment in and around Gwalior areas and residents are facing health hazards there. 4. In this petition, it was prayed that the Court should issue directions to the Respondents for regular checking of the vehicles and to restricts the number of vehicles and to reduce the pollution level. 5. In the second petiton, it was prayed that the Court should constitute a pollution committee which will check the vehicles so that air pollution may be prevented and controlled. 6. The Government of MP be directed to make availabl...

2. Muraina Mandal Sahkari Shakkar Karkhana (Petitioner) Vs M.P. Board (Respondent)

R ef: 1993 MPLJ 270 Sub :- This case is based on Sections 25, 26 and 49 of the Water Pollution (Prevention and Control) Act. Facts of the case :- 1. Muraina Mandal Sahkari Shakkar Karkhana is situated at Kailarus, District Muraina, MP which produces (Manufactures) sugar. 2. This factory, by violating Sections 25 and 26 of the Water Pollution (Prevention and Control) Act, emitted out pol- luted discharge, which is causing water pollution. 3. The Secretary of the MP Pollution Prevention Board, Mr. RK Khare filed prosecution sheet before the Court of the Judicial Magistrate, First Class, Sabalgarh on 7 August 1985. 4. Following two were made accused in this prosecution sheet: 1. Muraina Mandal Sahkari Shakkar Karkhana, Ltd. 2. The General Manager of the factory. And, they have been charged with the violation of Sections 25 and 26 of the Water Pollution (Prevention and Control) Act. Trial Court:- The Magistrate dismissed the prosecution case on 12 June, 1987 on the ground that at the time ...

1. M.C. Mehta (Petitioner) Vs Union of India (Resondent)

Ref: AIR 1996 SC 750 Sub :- This case is based on the pollution of the environment which is caused due to hazardous industries. Facts of the Case :- 1. M.C. Mehta is an environmentalist who has filed a public interest litigation before the Supreme Court on the ground that environ- mental pollution is increasing rapidly in Delhi due to industries. 2. A master plan was implemented in Delhi in 1962 under the Delhi development Act, 1957 which was aimed at re. reducing the pollution level in Delhi. 3. In Delhi there are so many such industries which comes under the category of the Hazardous industries and which are polluting environment there. 4. The upshift discharged from these industries is also caus- ing soil pollution in one way or other. 5. The upshift material discharged from such industries is ei- ther thrown over the land or buried under the land which causes much pollution. 6. In a developed City like Delhi, it is not proper to live in the city from the environmental point of view...

Objects provision and provisions of Hunting of wild life protection Act 1972

The problem of Wild Life Protection is serious and quite old. However, it was realized in the 1960's that the Wild Life was depleting. It was recognized to be a pressing issue after the passing of the Wild Life (Protection) Act, 1972. The legislation relating to forest has been formed it in the form of Wild life Act, which is designed for the protection of plant. The definition of "wild life" has been given in Section 2(36) of Wild Life Act, which lays down that Wild Life includes animals, bees, butterfly, crustacea, fish, andmoths; and aquatic or land vegetation which form part of any habitat. This definition is inductive. The term, "wild life" is used in dual sense, one is wider including even widening group of animals, mammals, fishes, reptiles, amphibians, orthropades, and plants also. Whereas in the narrower sense it indicates only wild fauna. The Wild Life Protection (Amendment) Act, 2003 has added another Schedule, namely Sixth Scheduled in addition to th...

Power and functions of State Pollution Control Board

  Functions of State Board .  Section 17 lays down that subject to the provisions of this Act, the functions of a State Board shall be- (1) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; (2) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; (3) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof; (4) to encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (5) to collaborate with the Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water pollution and to organize mass education programmes relating thereto; (6) to inspect sewage or trade effluents,...

Constitution of State Pollution Control Board

  Constitution of State Board.- A State Board shall consist of the following members, namely:- 1. A full-time or a part-time Chairman, being a person having special knowledge or practical experience in respect of environmental protection matters relating to a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the State Government. 2. Five officials to be nominated by the State Government to represent that Government. 3. Such number of persons not exceeding five to be nominated by the State Government from amongst the members of the local authorities functioning within the State.  4. Such number of non-officials not exceeding three to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the State Government, ought to be represented.  5. Two persons to represent the companies or corporations owned, co...