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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

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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

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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, … gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa).13. Section 3 defines qualification for being engaged as an apprentice. Only two qualifications are required that he should not be

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May 26 2000

Management of Nettur Technical Training Foundation, Bangalore Vs. S. M ...

Court : Karnataka

Decided on : May-26-2000

Subject : Civil

Acts : Karnataka Education Act, 1983 - Sections 1, 2(27) & (30), 6, 7(5), 8, 35, 57, 58, 94, 96(3) 102 and 144; Apprentices Act, 1961; University Grants Commission Act, 1956 - Sections 3; University of Agricultural Sciences Act, 1963; Indian Medical Council Act, 1956; Dentists Act, 1948; Pharmacy Act, 1948; Karnataka State Universities Act, 1976; All India Council for Technical Education Act, 1987; National Council for Teacher Education Act, 1993; Karnataka Ayurvedic and Unani Practitioners' Miscellaneous Provisions Act, 1961; Karnataka Homeopathic Practitioners' Act, 1961

Reported in : 2001(1)KarLJ116

training would not amount to an educational institution within the meaning of the Act. Even under the Apprentice's Act, 1961, the petitioner and the other employers are obliged to train certain persons in the training centres as well … involved in manufacturing activities. What is given here is only jobtraining. As rightly contended that even in the Apprentices Act, 1961training is given to various persons. But such an Act cannot be broughtwithin the purview of the Education … and cultivating a scientific and secular outlook through education'.13. The application of the Act has been prescribed under sub-section (3) of Section 1 of the Act, which is as follows: '(3) It applies to all educational institutions and

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Nov 03 1997

A. Suresh Babu Vs. Apseb, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Nov-03-1997

Subject : Service

Acts : Apprentice Act, 1961 - Sections 9, 19, 21 and 22; Apprenticeship Rules, 1962 - Rules 6-B, 7, 8(3), 10 and 10(3); Regulation 1 of APSEB Service Regulations Part-II

Reported in : 1998(6)ALD590; 1998(1)ALT121

apprentice training9. Sri Surender Rao, learned Counsel for the petitioner has taken me to the provisions of the Apprentices Act, 1961 particularly with reference to provisions under Sections 9, 19, 21 and 22 and the relevant rules under 6-B, … petitioner has taken me to the provisions of the Apprentices Act, 1961 particularly with reference to provisions under Sections 9, 19, 21 and 22 and the relevant rules under 6-B, 8(3) and 10(3) & (7) of the

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Feb 04 1999

Askand Kumar Srivastava Vs. State of U.P. and Others

Court : Allahabad

Decided on : Feb-04-1999

Subject : Service

Acts : Apprentices Act, 1961 - Sections 3 and 4; Uttar Pradesh State Electricity Board (Procedure and Conduct of Business) Regulations, 1978 - Regulations 17 and 30; Uttar Pradesh State Electricity Board Accounts (Officers) Service Regulations, 1984 - Regulation 17

Reported in : 1999(2)AWC1017; [1999(82)FLR1]; (1999)2UPLBEC1389

of. There will be no order as to costs. Service - apprentice - Sections 3 and 4 of Apprentices Act, 1961 and Regulations 17 and 30 of Electricity Service Commission, U. P. State Electricity Board (Procedure and Conduct of … writ petition is finally disposed of. There will be no order as to costs. Service - apprentice - Sections 3 and 4 of Apprentices Act, 1961 and Regulations 17 and 30 of Electricity Service Commission, U. P.

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Aug 24 2001

S. Arunachalam Vs. the Managing Director, Southern Structurals, Pattab ...

Court : Chennai

Decided on : Aug-24-2001

Subject : Labour and Industrial

Acts : Payment of Gratuity Act, 1972 - Sections 2 and 2(3); ;Apprentices Act, 1961 - Sections 2

Reported in : [2001(91)FLR689]; (2001)IILLJ1457Mad; (2001)3MLJ382

of apprentice. The Orissa High Court had in fact considered the definition of 'apprentice' under the provisions of Apprentices Act, 1961 wherein the apprentice has been defined in Section 2(a) of the Apprentices Act, 1961 as follows:'Apprentice' means a … under the Payment of Gratuity Act, 1972, the 2nd respondent. The 2nd respondent, however, dismissed the application on 30.11.92 on the ground that the petitioner being a trainee is not entitled to the gratuity for the period

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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 … Nos. 1 and 2, Shri Gordey, learned Counsel for the respondent No. 3, and Shri Thakur, learned Counsel for the respondent No. 4.2. Shri Manohar, … 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 05 1997

Rakesh Kumar Mishra Vs. State of U. P. and Another

Court : Allahabad

Decided on : Dec-05-1997

Subject : ServiceConstitution

Acts : Constitution of India - Articles 141 and 320; Apprentices Act, 1961 - Sections 3 and 4; Service Rules - Rule 5

Reported in : 1998(2)AWC963

this writ petition is finally disposed of. Service - appointment of apprentice - Sections 3 and 4 of Apprentices Act, 1961 and Article 141 of Constitution of India - petitioner an apprentice trainee - Supreme Court directing apprentice to … Rules.12. With the aforesaid directions, this writ petition is finally disposed of. Service - appointment of apprentice - Sections 3 and 4 of Apprentices Act, 1961 and Article 141 of Constitution of India - petitioner an apprentice

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Aug 17 2005

Orient Paper Mills Vs. Regional Provident Fund Commissioner and anr.

Court : Madhya Pradesh

Decided on : Aug-17-2005

Subject : Labour and Industrial

Acts : Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3), 2 and 16; Carriers Act, 1965; Indian Railways Act; Motor Transport Workers Act, 1961; Apprentices Act, 1961; Minimum Wages Act, 1948; Workmen's Compensation Act, 1923; Industrial Disputes Act, 1947; Madhya Pradesh Industrial Relations Act, 1960 - Sections 2(13); Indian Factories Act; Labour Law; Constitution of India - Articles 226 and 227

Reported in : [2006(109)FLR255]; (2006)ILLJ1136MP; 2006(1)MPLJ209

in connection with the work of the establishment;(ii) engaged as an apprentice, being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment;]If we dissect and analyse the definition of employee it emerges … the employees of the Road Motor Transport Establishments are by implication excluded from the ambit and scope of Section 2(f)(i) of the Act, therefore, the provisions of the Act are not applicable to the petitioner so far … transporters and the petitioner company.8. The Central Government by Notification No. GSR 399 dated March 24, 1995 have include the class of Road Motor Transport

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