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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, … such decision of the Apprenticeship Adviser under Sub-section (1) shall be final.' 30. Section 21 deals with holding of test and grant of certificate and

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 … as an N.MR. clerk from 1-2-98 and performed duties from 1-2-88 to 30-9-88, i.e. for 243 days without any interruption. However, the petitioner's service was

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

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 … since paid the insurance contribution for the contribution period i.e., 1-4-1989 to 30-9-1989, his party was entitled to for the ESI benefit for the corresponding

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 … 2-A. The Interest Tax Act, 1974 vide Act 45 of 1974, Section 30; 2-B. The Hotel Receipts Tax Act, 1980 vide Act 54 of 1980,

Bijay Kumar Sahoo. Vs. Central Electricity Supply.

Court : Orissa

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 … Corporation to allow him to work on casual basis from 1.2.1988 till 30.9.1988 i.e. for 243 days. During his casual employment, on signing the payment

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

Court : Punjab and Haryana

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 … training in Draftsman (Civil) trade in the office of the Executive Engineer, WYC HE Project, Bhudkalan w.e.f.31.10.1988 to 30.10.1989, he appeared in the apprenticeship examination in April 1990 under Roll No.7401 and failed in two papers of

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 … were denuded of this fundamental right thought by the insertion of Article 300A it is now recognised as a legal right. It may be that

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

Court : Supreme Court of India

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 … contains remedial measures. The final report relating to Sivakasi workers is of 30th March, 1993 this relates to elimination of child labour in the match

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

Court : Delhi

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 … was that seniority of the respondents has/had to be determined under para 302 of Indian Railway Establishment Manual Vol-I Chapter-III (hereinafter referred to as IREM,