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

Court : Mumbai

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 … Shri Manohar that respondent No. 3 Union made application to the respondent No. 2 Assistant Registrar (Unions) under Section 16 of the Act of 1946 for registering itself as a representative Union in place of respondent No. 4

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, … safety and welfare of apprentices. 25. Section 15 deals with hours of work, overtime, leave and holidays. 26. Section 16 deals with the employer's liability for compensation for injury. 27. Section 18 deals with the Apprentices are trainees

Pragati Metal Works Vs. the Regional Provident Fund Commissioner

Court : Mumbai

Subject : Labour and Industrial

Acts : Employee's Provident Fund Act, 1952 - Sections 1(3), 7A, 16(1) and 17-B; Apprentices Act, 1961

Reported in : 2001(4)BomCR555; (2001)3BOMLR228; [2001(89)FLR981]; 2001(4)MhLj646

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. 'Factory' means any premises, including the precincts … erstwhile establishment. It was also held that the petitioners were not entitled to infancy protection in terms of Section 16(1)(b) of the Act.2. After passing the said order, the learned Commissioner posted the matter for assessment of dues.

G. Ravi Kumar Vs. the Chairman and Dg of Ordnance Factory Board and an ...

Court : Chennai

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 22(1) and 22(2); Tamil Nadu Medical Subordinate Service Rules - Rule 16; Tamil Nadu Medical Subordinate Service Regulations

Reported in : [2008(116)FLR80]

it was argued that If there was employment guarantee for the traind apprentices, then Section 22(2) of the Apprentices Act, 1961 will come into operation and the same reads as follows:22. Offer and acceptance of employment.- (1) It shall … Bench of this Court in K. Venkadesan v. Chairman-cum-Managing Director, Neyveli Lignite Corporation and Ors. 2007 (3) CTC 161, (to which I am a party), held after referring to the decision of the Hon'ble Supreme Court in

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 … and the employment thereunder is public in nature, as contemplated under Article 16, any appointment made violating the constitutional mandatory requirement would be illegal and … 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

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

Court : Madhya Pradesh

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 … to the whole of India except the State of Jammu and Kashmir.(3) Subject to the provisions contained if Section 16, it applies -(a) to every establishment which is a factory engaged in any industry specified in Schedule I

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

Court : Mumbai

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 … 2010, a Letter of Undertaking executed. Clause 4(c) provides for “liquidated damages” of Rs. 2 lakhs. 4 On 16 June, 2010, Petitioner No.1 left for his native town of Jhansi to take care of his ailing mother.

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

Court : Supreme Court of India

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

compliance of the constitutional scheme of equality contained in Articles 14 and 16 of the Constitution of India. They were not even appointed as apprentices … 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

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

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 … was also averred that the petitioners were posted to acquire knowledge of the trade under answering opposite party. 16. Thus it is evident from the facts enumerated in the writ petition as well as the counter-affidavit that

Rajesh Krishnan, Secretary Vs. Assistant Provident Fund Commissioner

Court : Kerala

Subject : Service

Acts : Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 2 and 16(1); Kerala Co-operative Societies Act, 1912; Apprentices Act, 1961; Industrial Employment (Standing Orders) Act

Reported in : (2009)IVLLJ720Ker

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;5. Going by the said definition, for excluding … than 50 employees, the petitioner is eligible for exemption from the provisions of the Act, by virtue of Section 16(1)(a) of the Employees Provident Funds and Miscellaneous Provisions Act, by which Co-operative Societies employing less than 50