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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, … of apprenticeship which shall include the maintenance of such records of his work as may be prescribed.' 23. Section 13 regarding payment to apprentices which reads as under: '13. Payment to apprentices - (1) The employer shall pay

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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 … liable to be punished with imprisonment and/or with fine under the provisions of Section 30(c) of the Act. Section 13 of the Act provides for payment of such stipend to apprentices at a rate not less than prescribed

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Oct 20 2008

Sunflag Iron and Steel Company Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Oct-20-2008

Subject : Labour and Industrial

Acts : Companies Act, 1956; Bombay Industrial Relations Act, 1946 - Sections 3(13), 3(14), 16 and 28; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 1, 2, 7, 8, 9, 10, 10(1), 12, 12(1), 13, 16, 17, 18, 19, 20, 21, 21(4), 23, 24, 25, 30, 30(1) and 30(2); Madhya Pradesh Industrial Relations Act, 1960 - Sections 2(13), 2(14), 51 and 52; Apprentices Act, 1961 - Sections 2, 4 and 18; Industrial Disputes Act, 1947 - Sections 2; Essential Supplies (Temporary Powers) Act; Government of India Act - Sections 107(2); Constitution of India - Article 254, 254(1) and 254(2)

Reported in : 2009(3)BomCR873

the learned Single Judge of the Rajasthan High Court, whereby it was held that the provisions of the Apprentices Act, 1961 being subsequent law, shall prevail over the provisions of the Industrial Disputes Act, 1947, which is prior and … 'the Act of 1970'). Similarly, the contractors, who employ twenty or more employees, have also obtained licence under Section 13 of the Act of 1970.3. Learned Senior Counsel Shri Manohar contended that till 18.3.1998, five employees elected under

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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, … prescribed terms and conditions which may be different for different categories of apprentices. It is then submitted that Section 13 of the Act provides that the employer shall pay to every apprentice during the period of apprenticeship training

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Sep 27 1991

Karuna Shankar Tripathi Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Sep-27-1991

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

contract of apprenticeship has been appointed as apprentice then he would come within the scope and ambit of Apprentices Act, 1961. Section 4 of the Apprentice Act which deals with the contract of apprenticeship reads as under: '4. (1) No … of the apprentices will be justified.' 5. In the said decision the Supreme Court has taken note of Section 13 of Apprentices Act as well as the definition of Section 2(s) of Industrial Disputes Act (Central) which is

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Apr 25 2005

Ghisilal Vs. State Industrial Court and ors.

Court : Madhya Pradesh

Decided on : Apr-25-2005

Subject : Labour and Industrial

Acts : Madhya Pradesh Industrial Relations Act, 1960 - Sections 31 and 61; Industrial Disputes Act, 1947 - Sections 25F; Apprentices Act, 1961 - Sections 2(13), 16, 18 and 65; Army Act, 1950; Air Force Act, 1950; Constitution of India - Articles 226 and 227

Reported in : [2005(106)FLR801]; (2005)IIILLJ458MP; 2005(3)MPLJ135

of Section 2(13) of the Act as he was an 'apprentice' and his services were governed by the Apprentices Act, 1961 (for brevity 'Act of 1961.')4. The Labour Court after framing issues recorded evidence of the parties. The Labour

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Mar 30 1993

Abdul Rehman Khan Vs. R.S.E.B. and ors.

Court : Rajasthan

Decided on : Mar-30-1993

Subject : Service

Reported in : 1993WLN(UC)166

of apprenticeship cannot be treated as period in service because apprenticeship was granted to the petitioners under the Apprentices Act, 1961 (for short the Act'). Section 13 of the Act provides that the Apprentices are only entitled to stipend.

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May 30 2006

The General Manager, Yellamma Cotton Woolen and Silk Mills Vs. Regiona ...

Court : Karnataka

Decided on : May-30-2006

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 2A and 13; Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 2; Industrial Disputes Act, 1947 - Sections 2; Apprentices Act, 1961; Payment of Gratuity Rules, 1972 - Rule 9

Reported in : ILR2006KAR194; 2006(4)KarLJ265; (2007)IIILLJ278Kant

to the view in S. Arunachalam's case, supra. On the other hand, the several decided cases under the Apprentices Act, 1961 where apprentices are held to be 'trainees' and hence not entitled to wages like regular employees - would … the authority belatedly and hence the application was not maintainable.7. It is stated that a combined reading of Section 2A of the Act read with 13(g) of the Certified Standing Orders, would require that absence from duty

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Aug 17 2005

Orient Paper Mills Vs. Regional Provident Fund Commissioner and anr.

Court : Madhya Pradesh

Decided on : Aug-17-2005

Subject : Labour and Industrial

Acts : Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3), 2 and 16; Carriers Act, 1965; Indian Railways Act; Motor Transport Workers Act, 1961; Apprentices Act, 1961; Minimum Wages Act, 1948; Workmen's Compensation Act, 1923; Industrial Disputes Act, 1947; Madhya Pradesh Industrial Relations Act, 1960 - Sections 2(13); Indian Factories Act; Labour Law; Constitution of India - Articles 226 and 227

Reported in : [2006(109)FLR255]; (2006)ILLJ1136MP; 2006(1)MPLJ209

in connection with the work of the establishment;(ii) engaged as an apprentice, being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment;]If we dissect and analyse the definition of employee it emerges … the employees of the Road Motor Transport Establishments are by implication excluded from the ambit and scope of Section 2(f)(i) of the Act, therefore, the provisions of the Act are not applicable to the petitioner so far

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Apr 09 2013

Madhur Pandey and Others Vs. M/S. Larsen and Toubro Infotech Limited

Court : Mumbai

Decided on : Apr-09-2013

Subject : Arbitration

could not have entertained the arbitration proceedings in view of the bar enforced by Section 20 of the Apprentices Act, 1961.” There was no such issue raised before the Arbitrator and, therefore, the Arbitrator proceeded with the matter ex … they were absent. The arbitrability, therefore, needs to be adjudicated first by giving opportunity to all the parties. 13 Therefore, taking overall view of the matter, I am inclined to quash and set aside the Award. However,

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