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U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2, 2(9), 3, 5, 4(1), 4(4), 4(5), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 26(1), 26(2), 29, 30, 31 and 37; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(I) and 4K; Industrial Disputes Act, 1947 - Sections 6(N) and 25(F); Indian Boilers Act, 1923; Apprenticeship Rules, 1992 - Rules 6, 7, 8, 11, 12, 13 and 14; Army Act, 1950; Air Force Act, 1950; Navy (Discipline) Act, 1934; Contract Labour (Regulation and Abolition) Act, 1970; Apprenticeship Rules, 1962 - Rules 4B and 6; Contract Act - Sections 23

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

disposed of by common order.2. The main question involved in these appeals is what is the scope of Apprentices Act, 1961 vis a vis the U.P. Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 and the Indian Boilers Act, … shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.' 32. Chapter III of the Act deals with the authorities like the powers of the Apprenticeship Adviser, Powers of entry, … Gazette specify as a designated trade for the purposes of this Act. 10. Section 2(f) deals with 'employer' which means any person who employs one

The Management of Bharat Heavy Electricals Ltd. Rep. by Its General Ma ...

Court : Chennai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2(A), 7A, 10, 25B, 25B(1), 25B(2), 25F, 25G, 25H and 25N; Apprentices Act, 1961; Contempt of Courts Act; Bihar and Orissa Co-operative Societies Act; Limitation Act, 1963 - Sections 5 - Schedule - Article 137; Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 6N and 6P; Code of Civil Procedure (CPC) ; Constitution of India - Articles 12, 14, 16, 226 and 227

Reported in : (2009)IILLJ147Mad

Learned Counsel for the management would contend that the workmen were engaged as apprentices for training under the Apprentices Act, 1961; except the respondents in W.A. Nos. 53 and 57 of 2007, no other persons have put in more … not be less than one year. Section 25-B of the Act defines continuous service for the purposes of Chapter V-A 'Lay-off and Retrenchment'. The purport of this Section is that if a workman has put in uninterrupted … examined only in a reference. When a reference is made under Section 10 of the Act, all incidental questions arising thereto can be determined by

R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot

Court : Andhra Pradesh

Subject : Labour and Industrial

work of the establishment except the person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 is for all practical purposes is the employee. Admittedly, in this case, the Trade Trainees are not the … and such Court shall be deemed to be a Civil Court within the meaning of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, (2 of 1974). In view thereof, it is clear that … Both the cases were disposed of by orders dated 08-12-1997 and 27- 10-1998 respectively holding that in the case of former Company, it need not

Karuna Shankar Tripathi Vs. State of U.P. and ors.

Court : Allahabad

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(2); Constitution of India - Article 226; Apprentice Act - Sections 7

Reported in : [1992(65)FLR203]; (1995)IIILLJ60All

reason of the powers vested in him, functions mainly of a Managerial nature. 2. Section 18 of the Apprentices Act, 1961 provides that the apprentices are trainees and not workers, save as otherwise provided in this Act (a) every … the Act and the appellants claim for charging the company with liability for payment of special contribution under Chapter V-A of the Act in respect of the apprentices will be justified.' 5. In the said decision the … of Hanuman Prasad Choudhary v. Rajasthan State Electricity Board, Jaipur, 1986 L.I.C. 1014 after considering the precedents of Hon'ble Supreme Court as indicated above, Hon'ble

A. Srirama Babu Vs. the Chief Secretary to the Government of Karnataka ...

Court : Karnataka

Subject : Labour and Industrial

Acts : Constitution of India - Articles 21, 24, 39, 41, 45 and 226; Factories Act, 1948 - Sections 6 and 67; Karnataka Electricity Supply Regulations, 1988 - Regulations 7.01 and 8.01; Karnataka Rules - Rule 4; Municipalities Act - Sections 256; Child Labor (Prohibition and Regulation) Act, 1986 - Sections 3, 14, 15 and 18; Mines Act, 1952 - Sections 40 and 45; Merchant Shipping Act, 1951 - Sections 109; Motor Transport Workers Act, 1951 - Sections 21; Minimum Wages Act, 1948 - Sections 3(3); Plantation Labor Act, 1951 - Sections 24; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Beedi and Cigar Workers (Conditions of Employment) Act, 1966 - Sections 24

Reported in : ILR1997KAR2269; 1998(1)KarLJ191

be required or allowed to work in any capacity in any motor transport undertaking'. (vi) Section 3 of Apprentices Act, 1961:- Qualifications for being engaged as an apprentice.--A person shall not be qualified for being engaged as an apprentice … factories and other establishments. I am afraid that this is a clear misconception of the provisions of law. Chapter IV of the Electricity Supply Regulations 1988, deals with the procedure for permanent supply of electrical energy. In … shall be required or allowed to work in any plantation'. (iii) Section 109 of Merchant Shipping Act, 1951: 'No person under fifteen years of age

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

Subject : Education

with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment. 26. Meaning of the term employee under … appeal No. 48 of 2014, under Clause 3 sub clause (3) (i) of the Norms for Affiliation in chapter II, it is stated that the application for obtaining provisional affiliation has to be forwarded either through the … 77, authenticity of such notification cannot be indirectly challenged in these appeals. 10. With regard to the contention that Teachers are not workmen under the

Bijaya Kumar Sahoo Vs. Grid Corporation of Orissa and Others

Court : Orissa

Subject : Labour and Industrial

Acts : Constitution of India - Articles 226 and 227; Industrial Disputes Act, 1947 - Sections 2, 25-B and 25-F; Apprentices Act, 1961 - Sections 18

Reported in : 91(2001)CLT301; (2000)IIILLJ308Ori

the following findings :(1) The period for which the petitioner was undergoing training is under the provisions of Apprentices Act, 1961 and therefore, such training as apprentice will not attract the provisions of the Act.(2) The claim of the … to section 25B of the Act which runs as follows :'25-B. Definition of continuous service--For thepurpose of this Chapter,--(1) a workman shall be said to be in continuous service for a period, if he is, for that … Ltd v. Ram Nath Prasad and others : 1996 L. L. R. 1066 : M/s. U, P. State Spinning Mills v. Labour Court 1996 L.

The Employees' State Insurance Corporation and Anr. Vs. the Tata Engin ...

Court : Supreme Court of India

Subject : Media and CommunicationLabour and Industrial

Acts : Constitution of India - Article 133(1); Apprentices Act, 1850 - Sections 38; Apprentices (Amendment) Act, 1961 - Sections 2, 18 and 38; Industrial Disputes Act, 1947; Employees'State Insurance Act, 1948 - Sections 2, 2(9), 2(22) and 73B

Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)

the meaning of Section 2(9) of the Act. 12. Incidentally to my note that Section 18 of the Apprentices Act, 1961, provides that-save as otherwise provided in this Act, every apprentice under going apprenticeship training in a designated trade … the Act and the appellants claim for charging the company with liability for payment of special contribution under chapter of the Act in respect of the apprenticeship will be justified. 10. We may, therefore, turn to the

Employees' State Insurance Corporation, Regional Office (Karnataka), B ...

Court : Karnataka

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2(9), 46, 46(1), 75, 95 and 97; Employees' State Insurance (General) Regulations, 1950 - Regulation 4; Apprentices Act, 1961; Workmen's Compensation Act - Sections 4

Reported in : 2003ACJ577; [2002(92)FLR1177]; ILR2002KAR448; 2002(1)KarLJ379; (2002)ILLJ979Kant

the factory or establishment (or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; but does not include--) (a) any member … it is relevant to refer to Section 46 of the ESI Act. The said section had occurred in Chapter V under the head 'Benefits'. To quote the relevant provisions in said Section 46, the same reads as … regulations, extend the medical benefits to the family of an insured person'. 10. On a close reading of the above provision, it is clear therefrom

H.V. Thimmegowda and Others Vs. State of Karnataka

Court : Karnataka

Subject : CriminalLabour and Industrial

Acts : Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 5, 5-A, 6-A, 6C (1) and (2), 7-D, 14 (1), (1-A) and (A) and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 239, 468, 468 (2) and 469; Economic Offences (Inapplicability of Limitation) Act, 1974 - Sections 2; Constitution of India - Article 21; Indian Income-tax Act, 1922 ; Copyright Act, 1957, Sections 63; Income-tax Act, 1961; Interest Tax Act, 1974 - Sections 30; Hotel Receipts Tax Act, 1980 - Sections 37; Expenditure Tax Act, 1987; Companies (Profits) Surtax Act, 1964; Wealth-tax Act, 1957; Gift-tax Act, 1958; Central Sales Tax Act, 1956; Central Excise Act, 1944; Finance Act, 1994; Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Customs Act, 1962; Gold

Reported in : 2001CriLJ3156; [2002(94)FLR928]; ILR2001KAR3683; 2001(4)KarLJ548

with the work of the establishment, (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 or under the Standing Orders of the establishment, (ff) 'Exempted employee' means an employee to whom a Scheme … (Inapplicability of Limitation) Act, 1974.(Central Act No. 12 of 1974), in respect of economic offences, the provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 do not apply to certain offences which are enumerated in … Act,1955 (16 of 1955); 9. The Customs Act, 1962 (52 of 1962); 10. The Gold (Control) Act, 1968 (45 of 1968); 11. The Imports and