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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
breach of the non-registration of the contract of apprenticeship. But that has not been done so because under Section 30 of the Apprentices Act, 1961 any offence arising under this Act has been penalized, like apprentice who is … 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,
Tag this Judgment! AI Brief & AskSunflag Iron and Steel Company Ltd. Vs. State of Maharashtra and ors.
Mumbai
Oct-20-2008
Labour and Industrial
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)
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 … provisions of Section 3(14)(e) of the Act of 1946, even after the Act of 1970 came into force.16. Section 30 of the Act of 1970 deals with the effect of laws and agreements inconsistent with the provisions of
Tag this Judgment! AI Brief & AskPatel PravIn Kumar Somnath and ors. Vs. Gujarat State Land Development ...
Gujarat
Mar-26-1992
Labour and Industrial
Apprentices Act, 1961 - Sections 1(4), 2, 4, 6, 7, 8, 13, 18, 22 and 30; ;Contract Labour Act - Sections 7, 10 and 12
(1993)ILLJ916Guj
apprentices and therefore they were mere trainees and not workers and they were governed by the provisions of Apprentices Act, 1961 or at least the spirit underlying the Act would apply to the relations between the parties. On completion … refer to the provisions of the Act. Having provided that the Act applies to whole of India by Section 1(4)(a) it is provided that the provisions of this Act shall not apply to - '(a) any area … be punished with imprisonment and/or with fine under the provisions of Section 30(c) of the Act. Section 13 of the Act provides for payment of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Askand Kumar Srivastava Vs. State of U.P. and Others
Allahabad
Feb-04-1999
Service
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
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.
Tag this Judgment! AI Brief & AskBijaya Kumar Sahoo Vs. Grid Corporation of Orissa and Others
Orissa
Sep-28-2000
Labour and Industrial
Constitution of India - Articles 226 and 227; Industrial Disputes Act, 1947 - Sections 2, 25-B and 25-F; Apprentices Act, 1961 - Sections 18
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 … as an N.MR. clerk from 1-2-98 and performed duties from 1-2-88 to 30-9-88, i.e. for 243 days without any interruption. However, the petitioner's service was
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 … 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 … within a period of one year the petitioner was to receive Rs. 300/- as compensation. By Clause 5 of the contract it was, however, agreed
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 … as detailed in the body of the petition.3. After a lapse of 30 months from the date of opting the VRS and having availed of … 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 & AskN. Ravindra Murthy S/O. Sri N. Rama Murthy Vs. Shri Veerabhadra Swamy ...
Andhra Pradesh
Mar-19-2008
Trusts and Societies
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
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 … repealed by A.P. Act No. 30 of 1987, the contributions and audit fee when realized, amounts recovered under Section 30 of the Act and the amount accepted by the Commissioner to the credit of the fund, grants or
Tag this Judgment! AI Brief & AskManagement of Nettur Technical Training Foundation, Bangalore Vs. S. M ...
Karnataka
May-26-2000
Civil
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
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 … in M.A. No. 36 of 1996, dated 25-10-1996 allowing the application under Section 96(3)(c) of the Karnataka Education Act, 1983, and granting stay of an
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, … treated as leading case.2. Writ petition No. 36892 of 20044 has been filed for quashing the order dated 30.6.2004 passed by the respondent No. 1- Regional Labour Commissioner (Central) Appellate Authority under the Payment of Gratuity Act,
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