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Nov 14 2008

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

Court : Chennai

Decided on : Nov-14-2008

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 … questioning the reinstatement of the workmen with continuity of service, W.A. Nos. 111 to 126 of 2007 are preferred by the workmen, discontent with a

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Oct 01 2004

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

Court : Supreme Court of India

Decided on : Oct-01-2004

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, … apprentices. 20. Section 10 deals with the related instruction of apprentices.21. Section 11 deals with the obligations of employers which is relevant for our purpose … 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,

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Sep 28 2000

Bijaya Kumar Sahoo Vs. Grid Corporation of Orissa and Others

Court : Orissa

Decided on : Sep-28-2000

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 … He has relied upon the decisions reported in 1996 L. L. R. 1142 : U. P. Sugar Company Ltd v. Ram Nath Prasad and others

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May 26 2000

Management of Nettur Technical Training Foundation, Bangalore Vs. S. M ...

Court : Karnataka

Decided on : May-26-2000

Subject : Civil

Acts : Karnataka Education Act, 1983 - Sections 1, 2(27) & (30), 6, 7(5), 8, 35, 57, 58, 94, 96(3) 102 and 144; Apprentices Act, 1961; University Grants Commission Act, 1956 - Sections 3; University of Agricultural Sciences Act, 1963; Indian Medical Council Act, 1956; Dentists Act, 1948; Pharmacy Act, 1948; Karnataka State Universities Act, 1976; All India Council for Technical Education Act, 1987; National Council for Teacher Education Act, 1993; Karnataka Ayurvedic and Unani Practitioners' Miscellaneous Provisions Act, 1961; Karnataka Homeopathic Practitioners' Act, 1961

Reported in : 2001(1)KarLJ116

training would not amount to an educational institution within the meaning of the Act. Even under the Apprentice's Act, 1961, the petitioner and the other employers are obliged to train certain persons in the training centres as well … involved in manufacturing activities. What is given here is only jobtraining. As rightly contended that even in the Apprentices Act, 1961training is given to various persons. But such an Act cannot be broughtwithin the purview of the Education … as the State Government may, by notification, specify: Provided that nothing in Chapter III, Section 35 of Chapter V, Chapter VII and Chapters IX to … is this order that is being challenged in the above revision petition. 11. It is contended that the petitioner is not an educational institution within

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Jun 06 1997

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

Court : Karnataka

Decided on : Jun-06-1997

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 … proceedings. Earlier, notice had been issued by this Court to them on 11-2-1997, on a representation made on their behalf by Sri Ravivarma Kumar, expressing

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Oct 08 1975

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

Court : Supreme Court of India

Decided on : Oct-08-1975

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 … any, paid at intervals not exceeding two months, but does not include.... 11. From the terms of the agreement it is clear that apprentices are … 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

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Nov 04 1996

Siddeshwar and Co. Vs. Employees' State Insurance Corporation

Court : Karnataka

Decided on : Nov-04-1996

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2(9), 45, 45-A and B

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 … 45-F.' Section 73-D of the Employees' State Insurance Act further provides that the employer's special contribution payable under Chapter V-A is also recoverable as if it were arrears of land revenue. A perusal of this provision per … regarded as continuing offences, to which the law of limitation cannot apply.' 11. The basic theme of these observations clearly leads to one principle that

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Jun 01 2001

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

Court : Karnataka

Decided on : Jun-01-2001

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 … (52 of 1962); 10. The Gold (Control) Act, 1968 (45 of 1968); 11. The Imports and Exports (Control) Act, 1947 (18 of 1947); 12. The

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Jan 31 2014

Raj Kumar Vs. the Principal Industrial Training Institute Yamuna Nagar ...

Court : Punjab and Haryana

Decided on : Jan-31-2014

Subject : Land Acquisition

Pleader has also drawn the attention towards sub-Rules 2 and 3 of Rule 8.2, Chapter VIII of the Apprentices Act, 1961, the copy of extract of which is Ex.D1. These Sub- Rules read as under: ‘2. An apprentice can

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Jul 28 2010

Bijay Kumar Sahoo. Vs. Central Electricity Supply.

Court : Orissa

Decided on : Jul-28-2010

Subject : Labour and Industrial

Acts : Industrial Disputes Act - Section 2 (00) (bb), 2-A, 25- F (6), 4(1) (2), 25-B (2) (2), 25-G; 25-H, clause (b) Read With Section 25-K Chapter V-B, 25-N; ndustrial Employment (Standing Orders) Act - 2(1).

from his training on21.11.1986. During the said training period he was paid stipend as provided under the Apprentice Act, 1961. Thereafter, on his own request he was engaged by the Executive Engineer of the Corporation as a casual, … there was non-compliance of Section 25- F read with Section 25-K of Chapter V-B and 25-N of the Act in not obtaining prior permission of … herein was a workman. On the recommendation of his name by the Principal of I.T.I., Puri, to undergo apprenticeship training and on being selected he took training from 21.11.1985 to 21.11.1986 with the respondent's Corporation (hereinafter called

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