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1 - 6 of 6 (0.17 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 395 in The Indian Penal Code, 1860 [Entire Act]
The Minimum Wages Act, 1948
Bengal Motion Pictures Employees ... vs Kohinoor Pictures Private Ltd. And Ors. on 14 August, 1963
The
complainant in support of its case filed Ex.A11, register of wages which shows that the wages were paid
to both the deceased Thanga Narayana and
Thanga Eswaramma for the months of
January,2009 to May ,2009. The
complainant has also filed Ex.A12 , Muster Roll Register of both the employees from January,2009 to
6.5.2009. Exs.A11 and A12 coupled with the awards passed by the Asst.
Labour Officer after enquiry established that the deceased were working in the complainant
warehouse at the time of their death. As stated above, the policy was issued
for unskilled two employees and it was for the purpose of trading and work
details of loading and unloading of
foodgrains at Sri Venkateswara Warehouse, Bhumayapalle. As rightly observed by the District Forum generally
in small warehouse or godown, similar to the complainant warehouse, the workers
beside doing loading and unloading work
would also act as watchman and
watch women under unskilled workers and watchman was also an unskilled
worker under the Minimum Wages Act as
was held by the Honble Supreme Court of India in the case of BENGAL MOTION PICTURES EMPLOYEES
UNION, CALCUTTA vs. KOHONOOR PICTURES PVT. LTD. and others reported in AIR 1964 Calcutta page 519.
It was clearly observed in that judgement that under the unskilled
workers, watchman is also included and the watchman would become an unskilled worker. As stated above,
watchman would also do loading and unloading work along with
other workers brought by the proprietor of the complainant. Infact RW1, Asst.Manager of
opposite party insurance company at Kadapa has categorically stated in
his evidence that watch man should become a skilled person.
The Employee's Compensation Act, 1923
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