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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, … of such records of his work as may be prescribed.' 23. Section 13 regarding payment to apprentices which reads as under: '13. Payment to apprentices … 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,

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 … I LLJ 1261 SC:10. It follows, therefore, that the provisions of Article 137 of the Schedule to Limitation Act, 1963 are not applicable to the

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 … and Article 45 is a mirage that only exists on the paper. 13. As has been earlier noticed, there are large number of children being

Siddeshwar and Co. Vs. Employees' State Insurance Corporation

Court : Karnataka

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 … of Section 45-A. This contention, as such, being without merit is rejected. 13. The first contention which is raised and which has been dealt herewith

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 … of 1947); 12. The Foreign Exchange Regulation Act, 1947 (7 of 1947); 13. The Foreign Exchange Regulation Act, 1973 (46 of 1973); 14. The Capital

M/S Indian Farmers Fertilizer Cooperative Ltd. Vs. Presiding Officer, ...

Court : Allahabad

Subject : Labour and Industrial

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; Now the law laid down by the … date of the commencement or, as the case may be, completion of such contract work in Form VIA); Chapter VII as contained in Rules 1971 provides for registers and records and collection of statistics of contract labours … they became annoyed and terminated his services. In Paragraph 10, 11, 12, 13, 14 and 16 of the written statement filed by the employer, it

Vasantrao Dattaji Dhanwatey and anr. Vs. Union of India and anr. and S ...

Court : Mumbai

Subject : Civil

Acts : constitution of India - Articles 226 and 19 (1); Industries ( Development and Regulation ) Act, 1965 - Sections 3, 18AA (1) and 24; Partnership Act, 1932 - Sections 43 and 47; companiew Act, 1956 - Sections 2 (10) and 3(1)

Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222

the respondents, however, try to explain this definition by referring to similar definitions in Section 32 of the Apprentices ACt, 1961, section 23 of the bonded Labour System (Anbolition) Act, 1976, Section 9 of the Collections of Statistics Act, … on 8-5-1952. Clauses (d), (f) and (I) of Sec. 3 define 'industrial undertaking'. 'owner' and 'scheduled industry' respectively. Chapter II makes provision for the establishment, constitution and function of Central Advisory Council and Development Councils. Chapter III … word has been used by the legislature in Section 10, 11-A and 13, which deal with registration and licensing of certain industrial undertaking. The word

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 … ) the Supreme Court while considering the doctrine of waiver observed thus:- 13. . The doctrine which the courts of law will recognize is a

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 … In the said decision the Supreme Court has taken note of Section 13 of Apprentices Act as well as the definition of Section 2(s) of

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

Court : Karnataka

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