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U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.
Supreme Court of India
Oct-01-2004
Labour and Industrial
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
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, … Adviser' which reads as under: ' 'Apprenticeship Adviser' means the Central Apprenticeship Adviser appointed under Sub-section (1) of Section 26 or the State Apprenticeship Adviser appointed under Sub-section (2) of that section.' 8. Section 2(d) defines 'Appropriate Government'.
Tag this Judgment! AI Brief & AskVijay Singh Sankhla Vs. R.S.E.B.
Rajasthan
Sep-14-1995
Labour and Industrial
Payment of Wages Act, 1936 - Sections 15(2), 15(3) and 17
(1997)IIILLJ67Raj; 1996(2)WLC557
such other trade for which he may be found suitable after the period of probation designated under the Apprentices Act, 1961. The period of training was one year and during such period the petitioner was to receive a stipend … A.A. Khan, J. 1. Under a contract of apprenticeship dated April 26, 1976 the petitioner was engaged by the Rajasthan State Electricity Board (The … scale he was not allowed the benefit of one advance increment. The petitioner thereupon moved an application Under Section 15(2) of the Payment of Wages Act, 1936 (here-in-after referred to as 'The Act') before the Authority, appointed
Tag this Judgment! AI Brief & AskThe General Manager, Yellamma Cotton Woolen and Silk Mills Vs. Regiona ...
Karnataka
May-30-2006
Labour and Industrial
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
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 … brevity) for its employees. About 250 workmen, including respondents Nos. 2 to 26 opted for the Scheme. They were given all the assured benefits and … 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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot
Andhra Pradesh
Jul-03-2015
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 … the Companies whether the trainees/apprentices, in the present case, can be treated as employees within the meaning of Section 2(9) of the ESI Act?. may also be decided by this Bench. We find the request made by … the jurisdiction of the court.... (Craies on Statute Law, 7th ed,. pp. 269- 270).24. Maxwell states the rule of law as follows: Another maxim which
Tag this Judgment! AI Brief & AskChairman-cum-managing Director, Fertilizer Corporation of India Limite ...
Allahabad
May-26-2005
Labour and Industrial
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
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, … to which the employee and employer could be fructified in a concluded contract. In Anson's Law of contract, 26th Edn., at page 25, it is stated that :-'Offers and invitations to treat - It is sometimes difficult
Tag this Judgment! AI Brief & AskIndian Telephone Industries Ltd. Vs.surinder Mohan
Delhi
May-08-2017
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 … that the Apprenticeship period of contract was of two years commencing from 26.5.1967 and with entitlement to give further extension as the appellant/defendant deemed fit.
Tag this Judgment! AI Brief & AskVirender Singh Vs. Haryana Tourism Corporation Ltd., Through the Manag ...
Punjab and Haryana
Dec-16-2004
Labour and Industrial
Companies Act, 1956; Industrial Disputes Act, 1947 - Sections 2, 10 and 25F; Apprentices Act, 1961 - Sections 4(1), 4(4), 5, 7, 18, 22, 22(1), 33(2) and 33C(2); Uttar Pradesh Industrial Disputes Act, 1947; Constitution of India - Article 226
[2005(105)FLR1159]; (2005)IILLJ856P& H; (2005)139PLR830
the said order is in violation of the Certified Standing Orders pf the respondent-Corporation, by virtue of which Apprentices Act, 1961 (hereinafter referred to as the Act of 1961) would apply to the trainee. The petitioner then places reliance … order dated 17.5.2001. It is his positive case that no retrenchment compensation in accordance with the provisions of Section 25F of the Industrial Disputes Act was paid to him. The petitioner further avers that in a writ
Tag this Judgment! AI Brief & AskP. Arul and 237 ors. Vs. Tamil Nadu State Electricity Board and 22 ors ...
Chennai
Sep-20-1995
Labour and Industrial
Apprentices Act, 1961; Electricity Supply Act, 1948 - Sections 15, 78 and 78(A) (1)
(1996)ILLJ376Mad
and appreciate the grievances and the claims made in all these writ petitions. The Parliament has enacted the Apprentices Act, 1961, Central Act, 52 of 1961, hereinafter referred to as 'the Act', in order to provide for the regulation … issued in Board's Proceedings B.P.Ms (Ch.) No. 242, Secretariat Branch dated June 26, 1984, the following orders relating to the preference to be granted in … their apprenticeship with the Board and those instructions and directions are binding upon the respondent - board under Section 78-A of the Electricity (Supply) Act, 1948 and that so long those directions have not been withdrawn or
Tag this Judgment! AI Brief & AskM/s Express Publications (madurai) Private Limited Vs. Union Of India
Karnataka
Oct-21-2022
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 … Act’]..-. 4 - WP No.362 of 2021 5. The petitioner entered appearance and filed a petition under Section 26-B of the Employee Provident Fund Scheme 1952 [hereinafter referred to as ‘Scheme’]. to determine the issue with regard
Tag this Judgment! AI Brief & AskRama Kant Dwivedi Vs. Presiding Officer, Industrial Tribunal (i) and a ...
Allahabad
Apr-23-2004
Labour and Industrial
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
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 … for the record of the case and to quash the award dated 26th February, 1998, passed by the Industrial Tribunal (I), U.P., Allahabad, respondent No.
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