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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, … contract is illegal being opposed to public policy so as to render the same void in terms of Section 23 of the Indian Contract Act but it is another thing to say that by reason of breaches of

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 … Distribution in which Corporation was engaged. Reliance was placed on Entries 22, 23 and 24 of the Concurrent List of Schedule VII of the Constitution … under contract undertaken by them. For this purpose, the petitioner has registered itself as a principal employer under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 (for brevity, hereinafter referred to as 'the Act

Rama Kant Dwivedi Vs. Presiding Officer, Industrial Tribunal (i) and a ...

Court : Allahabad

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 2(3) and 6N; Employees' State Insurance Act, 1948 - Sections 2(8); Employees' Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 2

Reported in : 2004(3)AWC2526; [2005(104)FLR6]; (2004)2UPLBEC1969

for decision in this writ petition is that if an apprentice has been appointed under the provisions of Apprentices Act, 1961, then he cannot be treated as workman and after the completion of the training period he is not … as a trainee and he did not come within the purview of 'workman' and, therefore, the provisions of Section 6N of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') are not applicable … (No. II) Ltd. v. Labour Court, Allahabad and Anr., 1997 (75) FLR 237 ;(ii) U. P. State Electricity Board, Kanpur v. Smt. Suman and Anr.,

Vasantrao Dattaji Dhanwatey and anr. Vs. Union of India and anr. and S ...

Court : Mumbai

Subject : Civil

Acts : constitution of India - Articles 226 and 19 (1); Industries ( Development and Regulation ) Act, 1965 - Sections 3, 18AA (1) and 24; Partnership Act, 1932 - Sections 43 and 47; companiew Act, 1956 - Sections 2 (10) and 3(1)

Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222

the respondents, however, try to explain this definition by referring to similar definitions in Section 32 of the Apprentices ACt, 1961, section 23 of the bonded Labour System (Anbolition) Act, 1976, Section 9 of the Collections of Statistics Act, 1953 and

R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot

Court : Andhra Pradesh

Subject : Labour and Industrial

work of the establishment except the person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 is for all practical purposes is the employee. Admittedly, in this case, the Trade Trainees are not the … Judgement and having regard to the contention that the clause (g) in Exs.P.1 and P.2 is hit under Section 23 of the Indian Contract Act which contention has not been considered by the Full Bench in A.P. Paper

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 … this context the letter of appointment dated February 19, 1981 at Exh. 23 specifically makes it clear that the respondent was selected as Full Term … 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

Employees' State Insurance Corporation Vs. Arvind Mills Ltd.

Court : Gujarat

Subject : Insurance

Acts : Employees' State Insurance Act, 1948 - Sections 2(2), 2(9), 2(22), 45A and 82; Apprenticeship Act, 1961; Limitation Act, 1963 - Sections 5 and 12; Workmen's Compensation Act - Sections 30; B.I.R. Act, 1946; Employees' State Insurance General Regulations, 1950 - Regulation 40

Reported in : [2009(121)FLR1015]; (2009)1GLR834; (2009)IVLLJ198Guj

the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (Act No. LII of 1961), or under the Standing Orders of the establishment; but does not include'.5.1. The … as under:4(a) In light of the facts of present case and in view of statutory provisions contained in Section 2(9) of the E.S.I. Act, whether E.S.I. Court is right and justified in interpreting 'or' as 'and' and … 2941 of 2007 dated 25-7-2008 and FA. No. 5291 of 2007 dated 23-7-2008 which came to be filed by E.S.I. Corporation. He also submitted that

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,

M. Raghuram Vs. Labour Court, Hyderabad and ors.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 25F

Reported in : 1994(1)ALT728

Court, there is no plea that the petitioner was appointed as an 'apprentice' under the provisions of the Apprentices Act, 1961 and his appointment is governed by the provisions of the said Act and the rules made thereunder. However, … the Labour Court. His argument in the main is that the first respondent is a working journalist under Section 2(f) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 and the definition of 'working … that right, the services of the petitioner were terminated by proceedings dated 23.10.1979. It is stated in the said proceeding that his services were no

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. … accepted by them. - LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Sections 23 & 24; [Swatanter Kumar, CJ, N.V. Dabholkar & M.G.Gaikwad, JJ] Determination of … 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