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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 … use of the contract labour. The contractor is also under an obligation to provide restrooms as postulated under Section 17 of the Act. Section 18 imposes a duty on every contractor employing contract labour in connection with the

Grand Chemical Works Vs. the Presiding Officer, Employees Provident Fu ...

Court : Delhi

Subject : CivilService

Acts : Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 1(3), 6(1), 7A and 17; Industrial Disputes Act, 1947; Apprentices Act, 1961; Constitution of India - Articles 43 and 226

Reported in : (2010)ILLJ131Del

connection 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 or … a Scheme or the Insurance Scheme as the case may be would but for the exemption granted under Section 17 have applied;12. From the above definition it is manifest that a person is an employee if he is(a)

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

Court : Allahabad

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, … 1972 (hereinafter referred to as 'the Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17 of the Payment of Gratuity (Central) Rules issued by the Controlling authority/the Assistant Labour commissioner (Central), Allahabad- respondent

Askand Kumar Srivastava Vs. State of U.P. and Others

Court : Allahabad

Subject : Service

Acts : Apprentices Act, 1961 - Sections 3 and 4; Uttar Pradesh State Electricity Board (Procedure and Conduct of Business) Regulations, 1978 - Regulations 17 and 30; Uttar Pradesh State Electricity Board Accounts (Officers) Service Regulations, 1984 - Regulation 17

Reported in : 1999(2)AWC1017; [1999(82)FLR1]; (1999)2UPLBEC1389

of. There will be no order as to costs. Service - apprentice - Sections 3 and 4 of Apprentices Act, 1961 and Regulations 17 and 30 of Electricity Service Commission, U. P. State Electricity Board (Procedure and Conduct of … writ petition is finally disposed of. There will be no order as to costs. Service - apprentice - Sections 3 and 4 of Apprentices Act, 1961 and Regulations 17 and 30 of Electricity Service Commission, U. P.

Gujarat Electricity Board Vs. Ballkhan D. Joya

Court : Gujarat

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 18 and 22; Industrial Disputes Act, 1947 - Sections 2 and 25F

Reported in : [2000(87)FLR933]; (2000)2GLR1522; (2000)IILLJ1116Guj

and the respondent being in agreement, the respondent was appointed as an Apprentice Trainee for training under the Apprentices Act, 1961, for the purpose of undergoing training as Apprentice Lineman. In this context the letter of appointment dated February … certainly an intended 'trainee', but not an intended 'worker' or intended 'workman.' 17. The facts which have been brought out in the cross-examination of the … contended that he could not have been terminated without notice, and without due compliance with the provisions of Section 25-F of the Industrial Disputes Act on the ground that he was a 'workman' within the meaning of

A. Suresh Babu Vs. Apseb, Hyderabad and ors.

Court : Andhra Pradesh

Subject : Service

Acts : Apprentice Act, 1961 - Sections 9, 19, 21 and 22; Apprenticeship Rules, 1962 - Rules 6-B, 7, 8(3), 10 and 10(3); Regulation 1 of APSEB Service Regulations Part-II

Reported in : 1998(6)ALD590; 1998(1)ALT121

apprentice training9. Sri Surender Rao, learned Counsel for the petitioner has taken me to the provisions of the Apprentices Act, 1961 particularly with reference to provisions under Sections 9, 19, 21 and 22 and the relevant rules under 6-B, … petitioner has taken me to the provisions of the Apprentices Act, 1961 particularly with reference to provisions under Sections 9, 19, 21 and 22 and the relevant rules under 6-B, 8(3) and 10(3) & (7) of the … effect from the competent authority.2. While so, the respondent-Board on 1-1-1997 notified 17 vacancies of Assistant Engineers (Mechanical) inviting applications from eligible candidates. Petitioner having

In Re: B.M.G. Pharmaceuticals (P) Ltd. (In Liquidation)

Court : Kolkata

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Section 2; ;Workmen's Compensation Act, 1923 - Section 14; ;Employees' State Insurance Act, 1948; ;Companies Act, 1913 - Sections 230(5), 529(1) and 529(3); ;Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 11 and 11(2); ;Air Force Act, 1950; ;Army Act, 1950; ;Navy Act, 1957; ;Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1973 - Sections 11(1), 14B, 15(2), 17 and 17(6); ;Presidency-towns Insolvency Act, 1909 - Section 49; ;Provincial Insolvency Act, 1920 - Section 61; ;Companies (Amendment) Act, 1956 - Section 53C, 235, 237, 529, 529A, 529A(1), 530, 530(1) and 530(8); ;Apprentices Act, 1961; ;Income Tax Act, 1961 - Section 220(2) and 220(3); ;Companies (Amendment) Act, 1985

Reported in : (2007)3CALLT620(HC),2008(1)CHN74,[2008(116)FLR751],(2008)IILLJ110Cal

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;8. Section 530(1)(f) of the Companies Act refers … fund or any insurance fund, any contribution payable by him towards the Pension Fund under Sub-section (6) of Section 17, damages recoverable under Section 14B or any charges payable by him to the appropriate Government under any provision

Indian Oil Corporation Ltd. Vs. Employees State Insurance Corporation

Court : Delhi

Subject : Service

Acts : Employees State Insurance Act, 1948 - Sections 2(9), 2(13), 2(17), 39, 44, 45A, 75 and 90; Apprentices Act, 1961; Factories Act, 1948

Reported in : 152(2008)DLT268; 2008(104)DRJ361; [2008(119)FLR184]

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 … work of the factory or establishment' or 'purpose of factory or establishment'. 17. Thus, in effect, the definition does not make any distinction between technical … challenge to an order dated 24.12.2001 and order dated 30.01.2003 dismissing two petitions filed by the appellant under Section 75 of the Employees State Insurance Act, 1948. In the petition filed before the learned Judge ESI Court

E.S.i.C. Vs. Hotel Corporation of Delhi

Court : Delhi

Subject : Labour and Industrial

Acts : ESIC Act - Sections 2, 2(9), 2(13), 2(17) and 75; Apprentices Act, 1961; Factories Act, 1948

Reported in : 148(2008)DLT60; [2008(117)FLR474]; (2008)IILLJ489Del

of, the factory or establishment] [or any person engaged as 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 of … 'immediate employer' and 'principal employer' as defined in Sub-sections 9, 13 and 17 of Section 2 of the ESIC Act may be noted. The same … November 1982 restricted its enquiry to post November 1982.5. The second respondent took resort to an action under Section 75 of the ESIC Act. It urged that the issue had to be looked at with reference to

The Managing Director, Hassan Co-operative Milk Producer's Society Uni ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2(4), 2(9), 2(13), 2(17), 2(22), 45A, 75, 76, 77, 82 and 82(2); ;Apprentices Act, 1961; ;Factories Act, 1948; ;Contract Labour (Regulation and Abolition) Act; ;Indian Contract Act, 1872 - Section 182

of, the factory or establishment or any person engaged as 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 … the appellant's establishment was conducted by the concerned authority under the 1948 Act and thereafter an order under Section 45A of 1948 Act came to be passed on March 21/24, 1995 calling upon the appellant to pay