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Nov 03 1997

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

Court : Andhra Pradesh

Decided on : Nov-03-1997

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

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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 prescribed type at convenient and accessible places for the contract labour in the establishment, washing facilities, etc. Section 19 requires the contractor to provide and maintain a first-aid box equipped with prescribed contents at every place where

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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 any law with respect to labour shall not apply to or in relation to such apprentice.' 28. Section 19 deals with the records and returns. 29. Section 20 deals with settlement of disputes which is relevant for

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Apr 27 2006

M. Bhuvaneswari Vs. the Tamil Nadu Nurses and Midwives Council and ors ...

Court : Chennai

Decided on : Apr-27-2006

Subject : Service

Acts : Madras Nurses and Midwives Act, 1926 - Sections 11(2); Apprentices Act, 1961 - Sections 22(2); Madras Nurses and Midwives Rules - Sections 11(2); Tamil Nadu Medical Subordinate Service Rules - Rule - 16; Service Regulation; Madras Medical Code - Sections 2(3) - Rule 225; Constitution of India - Articles 14, 15(4), 16, 16(4), 19(1), 21 and 309

Reported in : (2006)2MLJ787

the post for Apprenticeship training in preference to others is justified in view of Section 22(2) of the Apprentices Act, 1961. However, the said view was not affirmed by the Honourable Supreme Court in the matter of giving preference … 37 of the Rules made under Sub-section 2 of Section 11 of the Madras Nurses and Midwives Act, 1926 with qualification prescribed for registration as Nurses and Maternity Assistants under the said Act. The learned Counsel also

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Jul 07 2003

Surendra Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Jodhpur

Decided on : Jul-07-2003

Subject : Land Acquisition

Reported in : (2004)(2)SLJ220CAT

6 posts, 'to be filled up by offering appointment to applicant Act Apprentices as per directions of Hon'ble Supreme Court; (ii) in case during pendency … necessary for adjudication of the controversy involved are that applicants have under gone a training under the Apprenticeship Act, 1961 and have passed in 69th All India Trade Test Examination vide letter dated 15th January, 1999 (Annex.-P/5). Their … 1. Shri Surendra Kumar and six others have filed this Original Application under Section 19 of the Administrative Tribunals Act, and have sought the following reliefs: (i) "the impugned advertisement Annexure-A/1, so far

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Oct 19 2005

Kartik Ramachandran R. Vs. P.O., Labour Court and anr.

Court : Delhi

Decided on : Oct-19-2005

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 4(4), 10(1), 12(5) and 25F; Employees' Provident Funds and Miscellaneous Provisions Act, 1972; Apprentices Act, 1961

Reported in : [2006(109)FLR100]; (2006)IILLJ160Del

concerned, the petitioner is covered under such definition. My attention has been drawn to the provisions of the Apprentices Act, 1961. Section 2(aa) of the Act defines an 'apprentice' to mean a person who is undergoing apprenticeship training in pursuance … clerk expeditor' would be covered within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947 and whether the service of such trainee could not have been terminated without compliance of Section 25-F of

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Feb 29 2000

Gujarat Electricity Board Vs. Ballkhan D. Joya

Court : Gujarat

Decided on : Feb-29-2000

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 … 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 … respondent. 4. The respondent was first engaged by order dated July 30, 1979 as a workcharge labourer, on a purely temporary basis and on a

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May 03 2003

State of Gujarat Vs. Chauhan Ramjibhai Karsanbhai

Court : Gujarat

Decided on : May-03-2003

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 6 and 18; Industrial Disputes Act - Sections 2 and 25F; Constitution of India - Article 227

Reported in : [2004(102)FLR347]; (2004)1GLR885

respondent workman was not a workman appointed by the petitioner but he was appointed as Apprentice under the Apprentices Act, 1961. Learned AGP Mr. Dave submitted that the workman appointed under Section 6 of the Apprentices Act on date … hearing today.2. The petitioner has challenged the award passed by the Labour Court, Bhavnagar in Reference No.469 / 1990 dated 7th February, 2001 wherein termination order has been set aside and granted reinstatement on the post of

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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 … read in isolation and while construing the said provision, one cannot lose sight of the provisions contained in Section 19 of the Apprentices Act. The provisions of Section 2(s) of the Industrial Disputes Act were substituted by the

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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, … passed by the respondent No. 1- Regional Labour Commissioner (Central) Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17

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