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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 … and the employment thereunder is public in nature, as contemplated under Article 16, any appointment made violating the constitutional mandatory requirement would be illegal and

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 … In this case the principles were laid down as early as in 16th Century, which were referred with approval by the Supreme Court in Quarry

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, … instance of any party to the contract against the other party thereto.' 16. Section 6 deals with the period of apprenticeship training which reads as

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 were illiterate. All of these children by lapse of 15 to 16 years by now have become adult members of the society. Here again

Radha Kishan Sharma and ors. Vs. Rajasthan Financial Corporation and a ...

Court : Rajasthan

Subject : Service

Reported in : 1986(2)WLN561

According to the case of the Corporation it had no authority to appoint persons as apprentices, as the Apprentices Act, 1961 is not applicable to the appointment of the petitioners. it is also the case of the Corporation that … gainful objective is irrelevant, be the venture in the public, joint, private or other sector. A look at Chapter III of the 1951 Act will show that among the business which financial Corporation may transact, (he following … to time. The Assistant Secretary of the Corporation vide circular dated January 16, 1979 informed that a type test in English/ Hindi and a written

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 … similar establishment or class of establishments in another part of that State. 16. From the above provision, it is quite evident that, though the Act

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 … hand, the accused persons are alleged to have committed the offence between 16-8-1990 and 16-11-1990, whereas the complaint came to be filed on 6-8-1991.7. Section

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 … and terminated his services. In Paragraph 10, 11, 12, 13, 14 and 16 of the written statement filed by the employer, it was stated that

Kishan Kapur Vs. Union of India, Etc.

Court : Delhi

Subject : ServiceConstitution

Acts : Constitution of India - Article 309

Reported in : ILR1983Delhi661

services after a training of. 4 years was accepted even by the Second Pay Commission which noted in Chapter 16 (dealing with Engineering Staff, para 5) that the Railways reeruit persons with intermediate in Science as Special Apprentices … a probationer will commence from (a) the date of completion of six years of apprenticeship or (b) the actual date of completion of training in the case of apprentices who undergo further training in India/the date of … Membership of the Institution or' Civil or Mechanical Engineers, London. As since 1961 the apprenticeship period had been reduced to 4 years they are now

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 … were posted to acquire knowledge of the trade under answering opposite party. 16. Thus it is evident from the facts enumerated in the writ petition