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

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 … V. Dhanapalan, J.1. While W.A. Nos. 36 to 64 of 2007 have been filed by the management, challenging the order of

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 … any person so employed whose wages (excluding remuneration for overtime work) exceed 6[such wages as may be prescribed by the Central Government]. a month: Provided

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 … for a particular job is neither borne out from the written statement 6ied before the Labour Court nor from the evidence adduced from the side

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 … is that further directions are necessary to compel the State to act. 6. As stated earlier, there are many enactments enacted by the State to

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 … that was involved in the case was set out at page No. 6 of the appeal memorandum. He had also cited before me the reported

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 … to recover a sum of Rs. 41,256 plus interest amounting to Rs. 630.74 to account and thus the proceedings for recovery of the total sum

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 … Fund Inspector, Employees' Provident Fund Organisation of Hassan Division filed complaints on 6-8-1991 for initiation of action under Section 14(1) and 14(1-A) of the Employees'

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 … the Apex Court in Indian Petrochemicals Corporation Ltd. Versus Sharmik Sena (1999) 6 SCC 439 in support of the above submission. In support of the

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 … include the 'apprentice' but the legislature did not choose to do so.' 6. In the case of Hanuman Prasad Choudhary v. Rajasthan State Electricity Board,