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Jun 06 1997

A. Srirama Babu Vs. the Chief Secretary to the Government of Karnataka ...

Court : Karnataka

Decided on : Jun-06-1997

Subject : Labour and Industrial

Acts : Constitution of India - Articles 21, 24, 39, 41, 45 and 226; Factories Act, 1948 - Sections 6 and 67; Karnataka Electricity Supply Regulations, 1988 - Regulations 7.01 and 8.01; Karnataka Rules - Rule 4; Municipalities Act - Sections 256; Child Labor (Prohibition and Regulation) Act, 1986 - Sections 3, 14, 15 and 18; Mines Act, 1952 - Sections 40 and 45; Merchant Shipping Act, 1951 - Sections 109; Motor Transport Workers Act, 1951 - Sections 21; Minimum Wages Act, 1948 - Sections 3(3); Plantation Labor Act, 1951 - Sections 24; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Beedi and Cigar Workers (Conditions of Employment) Act, 1966 - Sections 24

Reported in : ILR1997KAR2269; 1998(1)KarLJ191

be required or allowed to work in any capacity in any motor transport undertaking'. (vi) Section 3 of Apprentices Act, 1961:- Qualifications for being engaged as an apprentice.--A person shall not be qualified for being engaged as an apprentice … who has not completed his fourteenth year shall be required or allowed to work in any factory'. (ii) Section 24 of Plantation Labor Act, 1951: 'No child who has not completed his twelfth year shall be required or

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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 … submitted that both the statutes are enacted by taking recourse to Entry 24 of the Concurrent List (List III) and the contention of the learned … 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

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Dec 10 1996

M.C. Mehta Vs. State of Tamil Nadu and Others

Court : Supreme Court of India

Decided on : Dec-10-1996

Subject : Labour and Industrial

Acts : Child Labour (Prohibition and Regulation) Act, 1986 - Sections 3 and 17; Constitution of India - Articles 24, 32, 37, 39, 41, 45 and 47; Factories Act, 1948 - Sections 67; Plantation Labour Act, 1951 - Sections 24; Merchant Shipping Act, 1951 - Sections 109; Mines Act, 1952 - Sections 45; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Child Labour (Prohibition and Regulation) Act, 1986 - Sections 1(3), 2 and 14; Employment of Children Act, 1938

Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)

shall be required or allowed to work in any capacity in any motor transport undertaking.(vi) Section 3 of Apprentices Act, 1961:Qualifications for being engaged as an apprentice : A person shall not be qualified for being engaged as … child who has not completed his fourteenth year shall be required or allowed to work in any factory.(ii) Section 24 of Plantation Labour Act, 1951:No child who has not completed his twelfth year shall be required or allowed

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Nov 11 2005

Hayath Khan Vs. the Deputy Labour Commissioner and ors.

Court : Karnataka

Decided on : Nov-11-2005

Subject : Labour and IndustrialCivil

Acts : Child Labour (Prohibition and Regulation) Act, 1986 - Sections 3, 14, 16 and 17; Factories Act, 1948 - Sections 67; Plantation Labour Act, 1951 - Sections 24; Merchant Shipping Act, 1951 - Sections 109; Mines Act - Sections 45; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act; Beedi and Cigar Workers (conditions of employment) Act 1966 - Sections 24; Wages Act; Constitution of India - Article 21, 24 and 226

Reported in : [2006(108)FLR632]; ILR2005KAR6001; 2006(1)KarLJ365

shall be required or allowed to work in any capacity in any motor transport undertaking. Sections of the Apprentices Act also prohibits employment of fourteen years of age. Section 24 of the Beedi and Cigar Workers (conditions of … cast working) in which any mining operation is being carried on. Section 21 of the Motor Transport Workers Act, 1961 provides that no Child shall be required or allowed to work in any capacity in any motor transport

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Jul 08 1986

Radha Kishan Sharma and ors. Vs. Rajasthan Financial Corporation and a ...

Court : Rajasthan

Decided on : Jul-08-1986

Subject : Service

Reported in : 1986(2)WLN561

According to the case of the Corporation it had no authority to appoint persons as apprentices, as the Apprentices Act, 1961 is not applicable to the appointment of the petitioners. it is also the case of the Corporation that … The petitioner Gyan Chand was appointed as apprentice under order dated October 24, 1979 and was posted at Branch Office Bharatpur. The petitioner Gauri Shanker … on the ground that the Corporation is an industry and the petitioners are workmen within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (for short, the ID Act). Their services were terminated in contravention

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Nov 14 2008

The Management of Bharat Heavy Electricals Ltd. Rep. by Its General Ma ...

Court : Chennai

Decided on : Nov-14-2008

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2(A), 7A, 10, 25B, 25B(1), 25B(2), 25F, 25G, 25H and 25N; Apprentices Act, 1961; Contempt of Courts Act; Bihar and Orissa Co-operative Societies Act; Limitation Act, 1963 - Sections 5 - Schedule - Article 137; Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 6N and 6P; Code of Civil Procedure (CPC) ; Constitution of India - Articles 12, 14, 16, 226 and 227

Reported in : (2009)IILLJ147Mad

Learned Counsel for the management would contend that the workmen were engaged as apprentices for training under the Apprentices Act, 1961; except the respondents in W.A. Nos. 53 and 57 of 2007, no other persons have put in more … from service. The workmen raised a demand at the first instance against the management seeking permanent status under Section 2(A) of the Industrial Disputes Act, 1947, (in short, 'the Act'), which resulted in a reference to the … and 57 of 2007, no other persons have put in more than 240 days of service in 12 calendar months immediately preceding the date of

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Dec 22 2000

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

Court : Mumbai

Decided on : Dec-22-2000

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 Section 2(s) of the Industrial Disputes Act, 1947. They have completed 240 days of work and hence, the respondents be directed to give them

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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, … required to take part in any output bonus or other incentive scheme.' 24. Section 14 deals with Health, safety and welfare of apprentices. 25. Section … 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

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Feb 10 2009

Employees' State Insurance Corporation Vs. Arvind Mills Ltd.

Court : Gujarat

Decided on : Feb-10-2009

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 … Inspector Part 'A' containing Sr. Nos. 1 to 9 showing amount Rs. 24,34,968-55 Ps. excluding Sr. No. 7, the amount paid to the trainees i.e.

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Oct 21 2022

M/s Express Publications (madurai) Private Limited Vs. Union Of India

Court : Karnataka

Decided on : Oct-21-2022

Subject : Land Acquisition

justifiably have embarked on an exercise as to whether the respondent was in effect a “trainee” under the Apprentices Act, 1961, or a “workman” within the meaning of Section 2(s) of the 1947 Act. There is nothing on record … of the appellant No.1 was on contractual basis, though he was working on clear vacancy for more than 240 days, was contrary to the provisions of Articles 14 and 16 of the Constitution as well as Industrial

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