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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, … intended to give effect to these objectives.' Now we shall examine the necessary provisions of the Act. 5. Section 2 deals with the definition. Section 2(aa) defines 'apprentice' which means a person who is undergoing apprenticeship training in

Chauhan Mehbub Osman Vs. State of Gujarat

Court : Gujarat

Subject : Labour and Industrial

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

Reported in : [2008(118)FLR929]; (2008)IIILLJ484Guj

was contested by the respondent. The respondent maintained that the appellant was engaged as an apprentice under the Apprentices Act, 1961 on the terms and conditions contained in the apprenticeship agreement. On completion of the apprenticeship, he had no … of Helper. The appellant was, therefore, an employee of the respondent, and a workman within the meaning of Section 2[s] of the Industrial Disputes Act, 1947 [hereinafter referred to as, the Act]. His service was terminated without

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 … 25-F of the Industrial Disputes Act on the ground that he was a 'workman' within the meaning of Section 2(s) of the I.D. Act, that he had put in more than 240 days while working under the contract

Mukesh K. Tripathi Vs. Sr. Divisional Manager, L.i.C. and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : 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

Reported in : AIR2004SC4179; 2004(4)AWC3088(SC); JT2004(7)SC232; (2004)IIILLJ740SC; RLW2004(4)SC556; 2004(7)SCALE442; (2004)8SCC387; 2005(1)SLJ112(SC); (2004)3UPLBEC2632

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

National Small Industries Corpn. Ltd. Vs. V. Lakshminarayanan

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : 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

Reported in : [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

Ram Dular Paswan and ors. Vs. P.O., Labour Court and ors.

Court : Patna

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 33A; Apprentice Act, 1961

specified above. No cost. A.K. Prasad, J. I agree. Industrial Disputes Act, 1947, Sections 2(s) and 33-A - Apprentices Act, 1961, Sections 2(aa), 3, 4, 6, 7 and 18--'Apprentice', although is included in definition of workmen, as contained in … R.A. Sharma, J. 1. The petitioners in these writ applications filed complaints under Section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D.Act) before the Labour Court. Bokaro

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

Court : Karnataka

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

S. Arunachalam Vs. the Managing Director, Southern Structurals, Pattab ...

Court : Chennai

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 2 and 2(3); ;Apprentices Act, 1961 - Sections 2

Reported in : [2001(91)FLR689]; (2001)IILLJ1457Mad; (2001)3MLJ382

of apprentice. The Orissa High Court had in fact considered the definition of 'apprentice' under the provisions of Apprentices Act, 1961 wherein the apprentice has been defined in Section 2(a) of the Apprentices Act, 1961 as follows:'Apprentice' means a

Petroleum Employees Union Vs. Indian Oil Corporation Ltd. and ors.

Court : Mumbai

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2 and 4(1); Industrial Disputes Act, 1947

Reported in : [2001(89)FLR235]; (2001)ILLJ1211Bom

The learned counsel for the petitioners first submitted that the appointments are contrary to the provisions of the Apprentices Act, 1961, since they could not have been put for training without following the procedure contemplated by the said Act. … vacant post. It is, therefore, submitted that they should be treated as workmen falling within the meaning of Section 2(s) of the Industrial Disputes Act, 1947. It is also averred that it is contrary to the provisions of

The General Manager, Yellamma Cotton Woolen and Silk Mills Vs. Regiona ...

Court : Karnataka

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 2A and 13; Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 2; Industrial Disputes Act, 1947 - Sections 2; Apprentices Act, 1961; Payment of Gratuity Rules, 1972 - Rule 9

Reported in : ILR2006KAR194; 2006(4)KarLJ265; (2007)IIILLJ278Kant

to the view in S. Arunachalam's case, supra. On the other hand, the several decided cases under the Apprentices Act, 1961 where apprentices are held to be 'trainees' and hence not entitled to wages like regular employees - would … (hereinafter referred to as 'the VRS' for brevity) for its employees. About 250 workmen, including respondents Nos. 2 to 26 opted for the Scheme. They … the authority belatedly and hence the application was not maintainable.7. It is stated that a combined reading of Section 2A of the Act read with 13(g) of the Certified Standing Orders, would require that absence from duty