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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 … and 57 of 2007, no other persons have put in more than 240 days of service in 12 calendar months immediately preceding the date of

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Jul 03 2015

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

Court : Andhra Pradesh

Decided on : Jul-03-2015

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 … Laws of England,. Volume 8, Third Edition it is stated in paragraph 248 at page 143: As a general rule, any person can enter into

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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, … required to take part in any output bonus or other incentive scheme.' 24. Section 14 deals with Health, safety and welfare of apprentices. 25. Section … 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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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 … first indicted. It is this need, which has found manifestation in Article 24, which is one of the two provisions in Part III of our

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Dec 23 2015

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

Court : Kerala

Decided on : Dec-23-2015

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 … made applicable in the case of Employees State Insurance Act as well. 24. It is settled law, that the terms employee, workman, person engaged etc

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Jul 08 1986

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

Court : Rajasthan

Decided on : Jul-08-1986

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 … The petitioner Gyan Chand was appointed as apprentice under order dated October 24, 1979 and was posted at Branch Office Bharatpur. The petitioner Gauri Shanker

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Apr 28 1982

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

Court : Mumbai

Decided on : Apr-28-1982

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 … AdditionalSecy.'5. The authorised person took over the management of the Undertaking on 24-8-1980. Subsequently on 28-8-1980 the Central Government passed the second order under Section

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Dec 10 1996

M.C. Mehta Vs. State of Tamil Nadu and Others

Court : Supreme Court of India

Decided on : Dec-10-1996

Subject : Labour and Industrial

Acts : Child Labour (Prohibition and Regulation) Act, 1986 - Sections 3 and 17; Constitution of India - Articles 24, 32, 37, 39, 41, 45 and 47; Factories Act, 1948 - Sections 67; Plantation Labour Act, 1951 - Sections 24; Merchant Shipping Act, 1951 - Sections 109; Mines Act, 1952 - Sections 45; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Child Labour (Prohibition and Regulation) Act, 1986 - Sections 1(3), 2 and 14; Employment of Children Act, 1938

Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)

shall 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 … conditions and measures taken to mitigate the sufferings of the child labour and has made various recommendations in Chapter XI of its report. We also have a work of Collector of Kamarajar District titled 'Integrated Project for … first indicted. It is this need, which has found manifestation in Article 24, which is one of the two provisions in part IV of our

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Mar 07 2006

Union of India (Uoi) and anr. Vs. Afroz Ahmed and ors.

Court : Delhi

Decided on : Mar-07-2006

Subject : Service

Acts : Apprenticeship Act, 1961

Reported in : 2006(88)DRJ478; 2007(1)SLJ455(Delhi)

case of the petitioner-Union of India that during this period of 24 months, the respondents had worked as Apprentices and only on satisfactory completion of training they were appointed on regular basis. Accordingly, this training period of … for the respondent in the written submission filed after the arguments were heard, has submitted that the Apprenticeship Act, 1961 was/is not applicable to the respondents and the respondents were wrongly designated and regarded as Apprentice. This submission … to be determined under para 302 of Indian Railway Establishment Manual Vol-I Chapter-III (hereinafter referred to as IREM, for short). Ld. Counsel for the respondents

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Jun 27 2008

New India Assurance Company Limited Represented by the Divisional Mana ...

Court : Chennai

Decided on : Jun-27-2008

Subject : Motor Vehicles

Acts : Apprentices Act, 1961; Motor Vehicles Act, 1988 - Sections 11, 149, 149(2), 149(7), 163A, 165, 166, 168, 168(3) and 174; Indian Penal Code (IPC) - Sections 304(A); Civil Practice Rules

Reported in : (2008)8MLJ732

the Certificate of Proficiency, dated 31.08.2000, awarded to the deceased Avudaiappan for having undergone Apprenticeship Training under the Apprentices Act, 1961 at Spic Electronic and Systems Limited, Maraimalainagar from 28.09.1998 to 27.09.1999 in the field of Electronics and Communication … it to the notice of this Court, wherein the Honourable Supreme Court has summarised the findings as follows:(i) Chapter XI of the Motor Vehicles Act, 1988 providing compulsory insurance of vehicles against third-party risks is a social … decision K. Jeyagopal and Anr. v. Nachiammai and Anr. 2006 (4) CTC 245, wherein it is observed that 'for a person aged 28 years, who

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