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Nov 14 2008

The Management of Bharat Heavy Electricals Ltd. Rep. by Its General Ma ...

Court : Chennai

Decided on : Nov-14-2008

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 … from service. The workmen raised a demand at the first instance against the management seeking permanent status under Section 2(A) of the Industrial Disputes Act, 1947, (in short, 'the Act'), which resulted in a reference to the … Development Authority and Anr. v. Ashok Kumar and Anr. AIR 2008 SCW 1474 :8. Section 6-N of the Act unlike Section 25B of the Industrial

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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 … under contract undertaken by them. For this purpose, the petitioner has registered itself as a principal employer under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 (for brevity, hereinafter referred to as 'the Act … Judgment. Similar orders were passed as can be seen from paras 137, 140 and 146 of the same judgment dealing with other cases where orders

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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, … work nor shall he be required to take part in any output bonus or other incentive scheme.' 24. Section 14 deals with Health, safety and welfare of apprentices. 25. Section 15 deals with hours of work, overtime, leave

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Oct 03 2007

H. Ramappa S/O Hanumanthappa and ors. Vs. the General Manager, Sri Yel ...

Court : Karnataka

Decided on : Oct-03-2007

Subject : Service

Acts : Payment of Gratuity Act, 1972 - Sections 2, 2A, 2A(1), 2A(2), 4, 4(1), 4(2), 7, 7(4), 7(7) and 14; Apprentices Act, 1961 - Sections 2; Industrial Disputes Act, 1947 - Sections 2; Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 2; Payment of Gratuity (Amendment) Act, 1984; Payment of Gratuity (Central) Rules, 1972

Reported in : [2008(117)FLR863]; (2008)IILLJ737Kant; 2007(4)KCCRSN301

not contend that there was automatic cessation of service or a break in service - Appeal allowed - APPRENTICES ACT, 1961. Section 2(a): [S.R. Bannurmath & A.N.Venugopala Gowda, JJ] Apprentice Absence of material to show that a person working as … in terms of Sub-section (2) of Section 4 of the Act.12.4 It will be useful to refer to Section 14 of 'The Act'. Section 14 of 'The Act' provides that the provisions of the Act or any rule

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Jun 06 1997

A. Srirama Babu Vs. the Chief Secretary to the Government of Karnataka ...

Court : Karnataka

Decided on : Jun-06-1997

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 … to health as those mentioned in Part-A. Therefore, the prohibition to employ a child should exist in both.(ii) Section 14 of the Act states that any violation of the provisions of the Act is punishable with simple imprisonment

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Nov 19 2008

Laxmi Rattan Cotton Mills Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Nov-19-2008

Subject : Labour and Industrial

Acts : Apprentices Act, 1961; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 4; Constitution of India - Articles 14 and 16; Industrial Disputes Act, 1947 - Sections 11A and 25O

Reported in : (2009)ILLJ527SC; (2009)1SCC695; 2008(1)LC238(SC):2009AIRSCW20

Constitution of India. They were not even appointed as apprentices within the meaning of the provisions of the Apprentices Act, 1961.14. Respondents were offered the posts of clerk which was accepted by them as the same were vacant. … thereof.3. That you will have to work against absenteeism/ leave etc. amongst clerks in any of the departments/ sections in the General Office as well as in the Mills.4. That your other terms and conditions of service

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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, … suffice it to say that Section 67 of the Factories Act, 1948 prohibits employment of young children below 14 years of age. Section 67 of the Factories Act reads as under:-'67. Prohibition of employment of young children:

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Oct 27 2004

N.J. Nayudu and Company Vs. Regional Provident Fund Commissioner

Court : Mumbai

Decided on : Oct-27-2004

Subject : Service

Acts : Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 2, 7A, 7A(1), 14 and 14B; Employees' State Insurance Act - Sections 2(9); Apprentices Act, 1961; Payment of Bonus Act - Sections 32; General Clauses Act - Sections 3(31); Bombay Land Revenue Code - Sections 65 and 211; Treasury Code; Constitution of India - Article 226

Reported in : 2005(2)BomCR716

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;)'Similarly, Section 2, Sub-section (9) of E.S.I. Act … and the petitioners are paying contribution in relation to the employees engaged in these establishments. By summons dated 14th August, 1991 the respondent Regional Provident Fund Commissioner communicated that upon information received he has reason to believe

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Feb 23 2009

West Bengal State Electrical Contractors Association and Ors. Vs. the ...

Court : Kolkata

Decided on : Feb-23-2009

Subject : ElectricityCommercial

Acts : Workmen's Compensation Act, 1923; ;Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1, 1(3), 1(4), 2, 8A(2), 16, 16(1) and 16(3); ;Employees' State Insurance Act, 1948 - Section 2(9); ;Factories Act, 1948 - Section 7(1); ;Apprentices Act, 1961; ;Constitution of India - Articles 12, 14, 16 and 226

Reported in : (2009)IIILLJ379Cal

connection 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;8A. Recovery of moneys by employers and contractors.:.(2) … the State, has acted in derogation of the contractors' rights under Articles 14 and 16 of the Constitution of India. They submit that notwithstanding the … demanding such a qualification from an intending bidder and the interim order was maintained. The petitioners refer to Section 1 of the PF Act and to the definitions of 'employer' and 'employee' in such statute. Section 8A(2)

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Dec 10 1996

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

Court : Supreme Court of India

Decided on : Dec-10-1996

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 … of matches, explosives and fire-works.(6) Mica-cutting and splitting.(7) Shellac manufacture.(8) Soap manufacture.(9) Tanning.(10) Wool-cleaning.(11) Building and construction industry.24. Section 14 of the Act has provided for punishment upto 1 year (minimum being 3 months) or with fine upto

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