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U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.
Supreme Court of India
Oct-01-2004
Labour and Industrial
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
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, 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 and not workers which reads as under: ' 18. Apprentices are trainees
Tag this Judgment! AI Brief & AskGujarat Electricity Board Vs. Ballkhan D. Joya
Gujarat
Feb-29-2000
Labour and Industrial
Apprentices Act, 1961 - Sections 18 and 22; Industrial Disputes Act, 1947 - Sections 2 and 25F
[2000(87)FLR933]; (2000)2GLR1522; (2000)IILLJ1116Guj
this relationship, accepted as an Apprentice under the said Act. 14. It is pertinent to note that under Section 18 of the Apprentices Act, 1961 every Apprentice undergoing Apprentice training shall be trainee and not a worker, and … 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
Tag this Judgment! AI Brief & AskNational Small Industries Corpn. Ltd. Vs. V. Lakshminarayanan
Supreme Court of India
Nov-10-2006
Labour and Industrial
Apprentices Act, 1961 - Sections 18 and 22; Industrial Disputes Act, 1947 - Sections 2, 12B, 17B and 25F; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957
[2006(111)FLR1205]; JT2007(1)SC69; 2006(11)SCALE684; (2007)1SCC214; 2007(3)SLJ25(SC); 2006(2)LC1461(SC); 2006AIRSCW5927; 2007ILLJ571(SC)
granted.2. The short point for decision in these appeals is whether in view of Section 18 of the Apprentices Act, 1961 (hereinafter called the '1961 Act') the 1st Addl. Labour Court, Chennai, was justified in holding that the respondent
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Bijaya Kumar Sahoo Vs. Grid Corporation of Orissa and Others
Orissa
Sep-28-2000
Labour and Industrial
Constitution of India - Articles 226 and 227; Industrial Disputes Act, 1947 - Sections 2, 25-B and 25-F; Apprentices Act, 1961 - Sections 18
91(2001)CLT301; (2000)IIILLJ308Ori
the following findings :(1) The period for which the petitioner was undergoing training is under the provisions of Apprentices Act, 1961 and therefore, such training as apprentice will not attract the provisions of the Act.(2) The claim of the … that for the period from 21-11-85 to 21-11-86 the petitioner had been engaged as an apprentice and under section 18 of the -Apprentice Act, 1961 every, apprentice undergoing apprenticeship training in a designa-tpd trade in an establishment shall
Tag this Judgment! AI Brief & AskGolden Press Vs. Deputy Collector of Central Excise, Hyderabad and anr ...
Andhra Pradesh
Jan-19-1985
Excise
Central Excises Act, 1944 - Sections 3 and 35; Apprentices Act, 1961 - Sections 18
1986(9)ECC317; 1985LC1001(AP); 1987(27)ELT273(AP)
is not defined by the Central Excise Act, nor is the expression 'apprentice' defined. Section 18 of the Apprentices Act, 1961, expressly says that, 'apprentices' are not workers unless specifically included by any enactment. In the absence of any
Tag this Judgment! AI Brief & AskKisan Sahkari Chini Mills Ltd. Vs. Presiding Officer, Labour Court and ...
Allahabad
Jul-13-2004
Labour and Industrial
Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2 and 6N
2004(4)AWC3357; [2004(102)FLR873]; (2004)3UPLBEC2554
Act and not otherwise.'11. In the case of U.P. State Electricity Board (supra), this Court has held that Section 18 of the Apprentices Act, 1961 provides that an apprentice shall be a trainee and not a worker and … industry and approved by the State Government. Further they have not been appointed under the provisions of the Apprentices Act, 1961. Section 2(a) of the U.P. Act defines 'apprentice' to mean a person employed in an industry for the purpose
Tag this Judgment! AI Brief & AskSuperintending Engineer and anr. Vs. Dattatraya Mahadeo Badarkhe and o ...
Mumbai
Oct-13-2005
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 2S, 25B, 25(N); Apprentice Act, 1961 - Sections 18; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Industrial Disputes Central Rules - Rule 81; Constitution of India - Articles 226 and 227
2006(2)ALLMR193; 2006(2)MhLj349
working for hire or reward and that training as apprentice is not governed by section 4 of the Apprentices Act, 1961 will also get the benefits of provisions of Industrial Disputes Act. This aspect is also apparent from the … the purpose of computation of retrenchment compensation is contrary to law. He invites attention to the provisions of section 18 of the Apprentice Act, 1961, for the said purpose. He further states that as the said ground was
Tag this Judgment! AI Brief & AskMukesh K. Tripathi Vs. Sr. Divisional Manager, L.i.C. and ors.
Supreme Court of India
Sep-06-2004
Labour and Industrial
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
AIR2004SC4179; 2004(4)AWC3088(SC); JT2004(7)SC232; (2004)IIILLJ740SC; RLW2004(4)SC556; 2004(7)SCALE442; (2004)8SCC387; 2005(1)SLJ112(SC); (2004)3UPLBEC2632
'a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship. Section 18 of the 1961 Act provides that apprentices are trainees and not workers save as otherwise provided in the … 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
Tag this Judgment! AI Brief & AskSunflag Iron and Steel Company Ltd. Vs. State of Maharashtra and ors.
Mumbai
Oct-20-2008
Labour and Industrial
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)
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 … to him. There is apparent conflict between the provisions of Section 2(s) of the Industrial Disputes Act and Section 18 of the Apprentices Act inasmuch as Section 2(s) postulates that an apprentice is a workman to whom the
Tag this Judgment! AI Brief & AskChittaranjan Das Vs. Durgapore Project Ltd. and ors.
Kolkata
Dec-21-1994
Labour and Industrial
Apprentice Act, 1961 - Section 18; ;Industrial Employment (Standing Orders) Act, 1946; ;Constitution of India - Article 226
99CWN897,(1996)IIILLJ188Cal
who is aworkman under the said regulations wouldinclude a person who may not be an apprentice under the Apprentices Act. In that viewof the matter, it can be said that for the purpose of Section 2(s) of the … completion of his training, he was appointed as an apprentice in terms of the provisions of the Apprentice Act, 1961, by respondent 1 in terms of an office order, dated April 28, 1986, and he continued to work … be given to the definition of workman in the Standing Order in the context of the provisions of Section 18 of the Apprenticeship Act. 21. The learned counsel in this connection has drawn our attention to a few
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