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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, … A.K. Mathur, J. 1. In all these appeals common question of law is involved, therefore, they … intended to give effect to 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 a person who is undergoing apprenticeship training

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Mar 26 1992

Patel PravIn Kumar Somnath and ors. Vs. Gujarat State Land Development ...

Court : Gujarat

Decided on : Mar-26-1992

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 1(4), 2, 4, 6, 7, 8, 13, 18, 22 and 30; ;Contract Labour Act - Sections 7, 10 and 12

Reported in : (1993)ILLJ916Guj

apprentices and therefore they were mere trainees and not workers and they were governed by the provisions of Apprentices Act, 1961 or at least the spirit underlying the Act would apply to the relations between the parties. On completion … refer to the provisions of the Act. Having provided that the Act applies to whole of India by Section 1(4)(a) it is provided that the provisions of this Act shall not apply to - '(a) any area

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Sep 06 2004

Mukesh K. Tripathi Vs. Sr. Divisional Manager, L.i.C. and ors.

Court : Supreme Court of India

Decided on : Sep-06-2004

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 25F and 64; Life Insurance Corporation of India (Staff) Regulations, 1960; ;Apprentices Act, 1961 - Sections 4(1), 4(2) and 18; Industrial Employment (Standing Order) Act, 1946

Reported in : AIR2004SC4179; 2004(4)AWC3088(SC); JT2004(7)SC232; (2004)IIILLJ740SC; RLW2004(4)SC556; 2004(7)SCALE442; (2004)8SCC387; 2005(1)SLJ112(SC); (2004)3UPLBEC2632

matter from another angle, viz., the appointment of the Appellant as an apprentice under the Scheme vis-a-vis the Apprentices Act, 1961.27. The expression 'Apprentice' has been included in the definition of 'workman' contained in Section 2(s) of the Industrial … 8.1.1999 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petitions No. 30393 of 1996 and 28474 of 1998 whereby and whereunder the writ petitions tiled by the Respondent herein were allowed setting

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May 26 2005

Chairman-cum-managing Director, Fertilizer Corporation of India Limite ...

Court : Allahabad

Decided on : May-26-2005

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 2, 2(1), 4(1), 7(4), 7(7), 13, 18 and 103; Payment of Gratuity (Central) Rules - Rules 10(2) and 17; Apprentice Act, 1961 - Sections 2; Employees' State Insurance Act, 1948 - Sections 2(9) and 2(22); Industrial Disputes Act, 1947 - Sections 2; Working Journalists (Conditions of Service) Miscellaneous Provisions Act, 1965; Payment of Wages Act; Contract Labour (Regulation and Abolition) Act, 1970; Employees Provident Fund Act, 1952; Air force Act, 1950; Army Act, 1950; Navy Act, 1957; Factories Act, 1948 - Sections 67; Labour Law; Indian Contract Act

Reported in : 2005(2)ESC1547

under a statutory obligation. In that case, the apex court considered the term 'apprentice' under the scheme, vis-a-vis Apprentices Act 1961. The court also considered the definition of workman as contained in Section 2(s) of the Industrial Disputes Act, … No. 36892 of 20044 has been filed for quashing the order dated 30.6.2004 passed by the respondent No. 1- Regional Labour Commissioner (Central) Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the

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Jan 23 1986

Regional Director E.S.i. Corporation Vs. M/S Arudyog and Others

Court : Mumbai

Decided on : Jan-23-1986

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 1(4) and 18; Employees' State Insurance Act, 1948 - Sections 2(12)

Reported in : (1987)ILLJ292Bom

so far as the provisions of the Apprentices Act, 1961 is concerned as envisaged by sub-section (4) of section 1 of that Act. Mr. Jaykar says that he could not lay his hands or trace any notification by … or in relation to the two apprentices in view of the clause (b) of Section 18 of the Apprentices Act, 1961.4. As this point does not appear in the discussion in the judgment of the lower Court I had

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Dec 22 2000

Petroleum Employees Union Vs. Indian Oil Corporation Ltd. and ors.

Court : Mumbai

Decided on : Dec-22-2000

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2 and 4(1); Industrial Disputes Act, 1947

Reported in : [2001(89)FLR235]; (2001)ILLJ1211Bom

The learned counsel for the petitioners first submitted that the appointments are contrary to the provisions of the Apprentices Act, 1961, since they could not have been put for training without following the procedure contemplated by the said Act. … 1. Heard both sides.2. The petitioner is a union. It is representing the … vacant post. It is, therefore, submitted that they should be treated as workmen falling within the meaning of Section 2(s) of the Industrial Disputes Act, 1947. It is also averred that it is contrary to the provisions

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May 26 2000

Management of Nettur Technical Training Foundation, Bangalore Vs. S. M ...

Court : Karnataka

Decided on : May-26-2000

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 … scientific and secular outlook through education'.13. The application of the Act has been prescribed under sub-section (3) of Section 1 of the Act, which is as follows: '(3) It applies to all educational institutions and tutorial institutions in

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Sep 26 2002

U.P. State Electricity Board Vs. Presiding Officer, Labour Court Iii a ...

Court : Allahabad

Decided on : Sep-26-2002

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2 and 4(4); Apprentices Rules, 1991 - Rule 12 and 12(2); Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2 and 6N

Reported in : (2003)IIILLJ88All

dated April 9, 1985, the petitioner-U.P.S.E.B. appointed the respondent No. 2 as an apprentice Boiler Attendant under the Apprentices Act, 1961 for a period of three years from April 11, 1985 to April 10, 1988. Since the petitioner stopped … No. 2 w.e.f. April 11, 1988, the said respondent No. 2 raised a dispute and a reference under Section 4-K of the U.P. Industrial Disputes Act was made by the State Government to the Labour Court. The … petition has been filed by the U.P.S.E.B. challenging the award dated August 12, 1983 passed in favour of respondent No. 2 by which the termination

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Oct 08 1975

The Employees' State Insurance Corporation and Anr. Vs. the Tata Engin ...

Court : Supreme Court of India

Decided on : Oct-08-1975

Subject : Media and CommunicationLabour and Industrial

Acts : Constitution of India - Article 133(1); Apprentices Act, 1850 - Sections 38; Apprentices (Amendment) Act, 1961 - Sections 2, 18 and 38; Industrial Disputes Act, 1947; Employees'State Insurance Act, 1948 - Sections 2, 2(9), 2(22) and 73B

Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)

the meaning of Section 2(9) of the Act. 12. Incidentally to my note that Section 18 of the Apprentices Act, 1961, provides that-save as otherwise provided in this Act, every apprentice under going apprenticeship training in a designated trade … P.K. Goswami, J.1. Is an apprentice an 'employee' under the 'Employees' State Insurance Act, 1948 That is the question raised in this appeal by certificate under Article 133(1)(a) & (b) of the Constitution

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May 07 1994

Sanjay Kumar and anr. Vs. Union of India and anr.

Court : Delhi

Decided on : May-07-1994

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections (1), 2, 20, 22 and 22(2)

Reported in : 54(1994)DLT403

this Court. 6. The case of the petitioners is that they are governed by the provisions of the Apprentices Act, 1961, and in accordance with S. 22(2) thereof, the respondents were bound to offer suitable employment to the petitioners … respondents to undergo 'apprenticeship training', as defined under Cls. (aa) and (aaa) of S. 2 of the Act. Section 22 of the Act provides as under : '22. Offer and acceptance of employment. - (1) It shall

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