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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, … to such apprentice.' 28. Section 19 deals with the records and returns. 29. Section 20 deals with settlement of disputes which is relevant for our … 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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Sep 14 1995

Vijay Singh Sankhla Vs. R.S.E.B.

Court : Rajasthan

Decided on : Sep-14-1995

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 15(2), 15(3) and 17

Reported in : (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 … employment under the Board. The petitioner joined the apprentice-ship training on April 29, 1976 at Chittorgarh. After undergoing apprentice-ship training in the trade of L.D.C. … 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

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Mar 19 2008

N. Ravindra Murthy S/O. Sri N. Rama Murthy Vs. Shri Veerabhadra Swamy ...

Court : Andhra Pradesh

Decided on : Mar-19-2008

Subject : Trusts and Societies

Acts : Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 2(13), 2(29), 3, 3(1), 6, 7, 8, 8(1), 15, 17, 23(1), 29, 29(1), 29(2), 29(3), 29(5), 29(6), 30, 35 to 38, 38(1), 39, 39(1), 39(2), 41, 57, 57(1), 57(2), 65, 69, 69(1), 69(3), 70(1), 72, 96, 153, 153(1), 155 and 155(2); Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 - Sections 27(5); Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 2001; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 2002; Apprentices Act, 1961; Employees' State Insurance Act, 1948; Gujarat Panchayats Act, 1961; Representation of the People Act, 1951 - Sections 77; Andhra Pradesh Charitable and Hindu Religious Institutions and

Reported in : 2008(3)ALD372; 2008(3)ALT287; (2008)IIILLJ712AP

Co. AIR 1976 SC 66, another Division Bench of Supreme Court considered question whether an apprentice taken under Apprentices Act, 1961, is 'an employee' under Employees' State Insurance Act, 1948. The agreement executed by apprentice provided that on satisfactory … classes of persons serving temple are governed by two separate sets of rules. In exercise of powers under Section 29 read with Section 153(1) of the Act, A.P. Charitable and Hindu Religious Institutions and Endowments Subordinate Service (Non-Gazetted)

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Sep 27 1991

Karuna Shankar Tripathi Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Sep-27-1991

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(2); Constitution of India - Article 226; Apprentice Act - Sections 7

Reported in : [1992(65)FLR203]; (1995)IIILLJ60All

contract of apprenticeship has been appointed as apprentice then he would come within the scope and ambit of Apprentices Act, 1961. Section 4 of the Apprentice Act which deals with the contract of apprenticeship reads as under: '4. (1) No … for the respondent that the petitioner had approached the Apprenticeship Advisor in accordance with the provisions contained in Section 29 of the Act, and as he has availed the alternative remedy, the writ petition is not maintainable. There

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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 … post from 4 September 1995 and continued in the post up to 29 February 1996 on which date the period of six months came to … 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

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May 26 2005

Chairman-cum-managing Director, Fertilizer Corporation of India Limite ...

Court : Allahabad

Decided on : May-26-2005

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, … Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'), Kanpur and notice dated 29.12.2003 for payment of gratuity under Rule 17 of the Payment of Gratuity (Central) Rules issued by the Controlling

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Nov 24 1997

U.P. State Electricity Board and anr. Vs. Presiding Officer, Labour Co ...

Court : Allahabad

Decided on : Nov-24-1997

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 4K and 6N; Apprentices Act, 1961 - Sections 4, 4(1), 4(4), 7, 7(1), 7(2), 7(3) and 18; Apprentices Rules, 1962 - Rules 4B and 5

Reported in : (1998)1UPLBEC152

by the General Manager, Kesa at the river side Power House, Kanpur, as a boiler attendant under the Apprentices Act, 1961 (hereinafter referred to as 'the Act') from 9th March, 1982 to 8th March, 1985 and his services were … to offer any employment to any apprentice who has completed the period of his apprenticeship in the establishment. Section 29 confers the power on the Central Apprenticeship Adviser and his assistants to enter, inspect and examine any establishment

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Dec 22 1995

Raj Kumar Srivastava Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Dec-22-1995

Subject : Labour and Industrial

Acts : Apprenticeship Act, 1961 - Sections 4, 18 and 20; Uttar Pradesh Industrial Disputes Act

Reported in : (1996)ILLJ1054All

for argument sake, it is accepted that there was a contract for two years under the provision of Apprentices Act 1961, the industrial Tribunal was not bound by the terms of agreement and it has jurisdiction to take into … as apprentice to undergo apprenticeship training in Indian Fertilizer Corporation Limited, Phulpur, District Allahabad under the provisions of Section 4 of the Apprenticeship Act, 1961. The contract of Apprenticeship was executed and signed by the petitioner and … by the State Bank of India, between July 31, 1973 and August 29, 1973. The first appointment of the petitioner in this case was for

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Sep 15 2003

Siya Ram Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Sep-15-2003

Subject : Service

Acts : Constitution of India - Article 226; Apprentices Act, 1961 - Sections 2 and 4

Reported in : 2004(2)AWC1029; [2004(102)FLR31]; (2004)IILLJ844All

petition should be entertained, the petitioner has to establish that he is an apprentice. Section 2(aa) of the Apprentices Act, 1961 defines 'apprentice'. 'Apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. … of the petitioner is that he completed the training for the post of the conductor from 15.6.1980 to 29.6.1980. After completion of his apprenticeship as conductor, the petitioner was not provided any job although, the Apprentices Act

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Jul 25 2017

Ram Gopal Dwivedi Vs. M/S Kanpur Electricity Supply co.ltd. Through It ...

Court : Supreme Court of India

Decided on : Jul-25-2017

Subject : Labour and Industrial

The appellants were engaged by the respondent to work in their set up as trade Apprentices under the Apprentices Act, 1961. In terms of the agreement, they were to undergo training in the trade of Boiler Attendant/Cable Jointer. Their … the respondent are governed by the statutory regulations framed by the Board in exercise of its powers under Section 78 (c) of the Electricity (Supply) Act, 1948. 24) The appellants were engaged by the respondent to work … petitions filed by the respondent herein and set aside the awards dated 29.08.1996 and 28.02.1997 given by the Presiding Officer, Labour Court (III) Kanpur in

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