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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, … these objectives.' Now we shall examine the necessary provisions of the Act. 5. Section 2 deals with the definition. Section 2(aa) defines 'apprentice' which means

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 … 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 than … 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

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 … thereunder if his wages in the month of the accident exceeds Rs. 500/- and consequently make him not an employee'. (At that time wage prescribed

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 … the Act and the scheme. The petitioners are accused 2, 4 and 5. It appears one of the accused viz., accused 6, G.M. Rajendra was

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 … the employment and denying the claim made by the employee. At paragraph 5 of the counter affidavit it is specifically stated that the appellant joined … 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

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 … order - Writ application dismissed - MOTOR VEHICLES ACT, 1988 [C.A. No. 59/1988]Section 173(1) Proviso; [D. Biswas, Amitava Roy & I.A.Ansari, JJ] Appeal without statutory

Secretary, John Fowler Employees Union Vs. Managing Director, John Fow ...

Court : Karnataka

Subject : Labour and Industrial

Acts : Employees State Insurance Act, 1948 - Sections 2(9); Employees State Insurance (General) Regulation, 1950 - Regulation 4

Reported in : [2001(89)FLR1101]; ILR2001KAR2272; (2001)IILLJ22Kant

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 … during the year 1998 is an employee covered under the scheme in order to get certain benefits under Chapter 5 of the Act. The case of the appellants-Union is that the employee whose salary is above Rs. 6,500/-

Ms. Sonika Kohli and anr. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Chandigarh

Subject : Education

Reported in : (2004)(3)SLJ54CAT

State as enjoined by Article 39. In the background of these Articles, the Parliament has enacted Maternity Benefit Act, 1961 (Act No. 53 of 1961) with a view to regulate the employment of women in certain establishments for … for maternity leave has been made in SR 43 as contained in Chapter V--Special kinds of leave other than study leave--of FRSR which reads as … of leave other than study leave--of FRSR which reads as follows: (1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave … in Krishan Kumar's case (supra) and subsequent decision of this Tribunal dated 5th June, 2003 in O.A. No.144-CH-2003- Abhishek Vashishta v. U.T. Chandigarh and Ors.--is

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 … blades and other shaving systems. The Companies, at the relevant time, had 500 and 700 workers respectively. The Companies are, admittedly, covered establishments under the

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 … to take a decision to terminate his services by the order dated 5-8-1996. 9. In the appeal now pending before the Tribunal, the order terminating