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Bijaya Kumar Sahoo Vs. Grid Corporation of Orissa and Others

Court : Orissa

Subject : Labour and Industrial

Acts : Constitution of India - Articles 226 and 227; Industrial Disputes Act, 1947 - Sections 2, 25-B and 25-F; Apprentices Act, 1961 - Sections 18

Reported in : 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 … less than 12 calendar months. Therefore, the case of the petitioner' does not come under the provisions of section 2(oo)(bb) and sections 25B and F of the Act.5. Shri Manoj Misra, learned counsel appearing for the petitioner … petitioner' does not come under the provisions of section 2(oo)(bb) and sections 25B and F of the Act.5. Shri Manoj Misra, learned counsel appearing for

Superintending Engineer and anr. Vs. Dattatraya Mahadeo Badarkhe and o ...

Court : Mumbai

Subject : Labour and Industrial

Acts : 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

Reported in : 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 … be regularized as and when vacancies arose. Their contention that there was no compliance of provisions of section 25(N) of the Industrial Disputes Act, and also of Rule 81 of the Industrial Disputes Central Rules. The petitioner

Ballkhan Doskhan Joya Vs. Gujarat Electricity Board

Court : Gujarat

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2, 3, 4(5) and 18; Industrial Disputes Act, 1947 - Sections 2 and 25-F; Industrial Disputes (Amendment) Act, 1984; Constitution of India - Article 227; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957

Reported in : [2002(92)FLR914]; (2001)3GLR2666

ground that the contract of apprenticeship sent to the Apprenticeship Adviser in accordance with Section 4(5) of the Apprentices Act, 1961 has not been registered. The employee then approached the Labour Court under the provisions of the Industrial Disputes … No. 546 of 1995 (reported in : (2000)IILLJ1116Guj , whereby the Award of reinstatement of the employee with 25% of back wages passed by the Labour Court on 15-10-1994 has been set aside.2. Necessary facts giving rise

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, … scheme.' 24. Section 14 deals with Health, safety and welfare of apprentices. 25. Section 15 deals with hours of work, overtime, leave and holidays. 26. … 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

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, … of 'working journalist' under Section 2(f) is exhaustive and does not include apprentice and hence the provisions of Section 25(f) of the Industrial Disputes Act are not attracted in the case of the first respondent's termination. As this

Chander Dutt Vs. Nehru Yuva Kendra Sangathan

Court : Delhi

Subject : Labour and Industrial

be appointed even prior to creation of the temporary posts by the State………… Evidently, the provisions of the Apprentice Act, 1961 have also not been followed………………….. 12. This Court in a large number of decisions has expressed … appointed even prior to creation of the temporary posts by the State………… Evidently, the provisions of the Apprentice Act, 1961 have also not been followed………………….. 12. This Court in a large number of decisions has expressed its concern … than 240 days did not give him a right for regularization and Section 25-F of the Industrial Disputes Act was not attracted in this case.

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 … - Termination of Services - Challenged by appellant on ground that he had been retrenched in contravention of Section 25 F - Contention of Respondent 1 that appellant was not workman within meaning of Section 2(3) - Tribunal

Indian Telephone Industries Ltd. Vs.surinder Mohan

Court : Delhi

Subject : Land Acquisition

to the issue which would require discussion/decision in the present case and also of the applicability of the Apprentices Act, 1961, and this detailed order dated 19.9.2016 reads as under:-"Order dated 19.9.2016 “1. This regular second appeal filed under … be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This regular second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit. The … in the suit. The impugned judgment of the First Appellate Court dated 25.7.2009 dismisses the first appeal filed by the appellant/defendant. The Trial Court vide

State of Gujarat Vs. Chauhan Ramjibhai Karsanbhai

Court : Gujarat

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 … or notice pay or retrenchment compensation of any kind to the workman inasmuch as the provisions of Section 25-F of the I.D. Act is not applicable in the case of the respondent workman. It is also contended

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 … 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 … has overriding effect on the Act of 1946 in view of Article 254 of the Constitution of India is misconceived. Learned Counsel Shri Gordey submitted