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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, … to, the Apprenticeship Advisor can file an appropriate complaint before a competent court of law. In terms of Section 31 of the Act the only penalty which can be imposed upon the employer is fine which shall not
Tag this Judgment! AI Brief & AskGhisilal Vs. State Industrial Court and ors.
Madhya Pradesh
Apr-25-2005
Labour and Industrial
Madhya Pradesh Industrial Relations Act, 1960 - Sections 31 and 61; Industrial Disputes Act, 1947 - Sections 25F; Apprentices Act, 1961 - Sections 2(13), 16, 18 and 65; Army Act, 1950; Air Force Act, 1950; Constitution of India - Articles 226 and 227
[2005(106)FLR801]; (2005)IIILLJ458MP; 2005(3)MPLJ135
of Section 2(13) of the Act as he was an 'apprentice' and his services were governed by the Apprentices Act, 1961 (for brevity 'Act of 1961.')4. The Labour Court after framing issues recorded evidence of the parties. The Labour … order passed by Industrial Court, Bhopal reversing the order of Labour Court and dismissing the application filed under Section 31 read with Section 61 of M. P. Industrial Relations Act, 1960 (in short 'the Act').2. No exhaustive statements
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 … petitioner with regard to his engagement for the period from 22-11-86 to 31-1-88 is not true, as in his evidence he admitted that after completion
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N.J. Nayudu and Company Vs. Regional Provident Fund Commissioner
Mumbai
Oct-27-2004
Service
Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 2, 7A, 7A(1), 14 and 14B; Employees' State Insurance Act - Sections 2(9); Apprentices Act, 1961; Payment of Bonus Act - Sections 32; General Clauses Act - Sections 3(31); Bombay Land Revenue Code - Sections 65 and 211; Treasury Code; Constitution of India - Article 226
2005(2)BomCR716
with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under the standing orders of the establishment;)'Similarly, Section 2, Sub-section (9) of E.S.I. 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 … 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 … Manohar, learned Senior Counsel for the petitioner, that petitioner vide letter dated 31.5.2008 brought to the notice of the respondent No. 2 that it has
Tag this Judgment! AI Brief & AskEmployees' State Insurance Corporation Vs. Arvind Mills Ltd.
Gujarat
Feb-10-2009
Insurance
Employees' State Insurance Act, 1948 - Sections 2(2), 2(9), 2(22), 45A and 82; Apprenticeship Act, 1961; Limitation Act, 1963 - Sections 5 and 12; Workmen's Compensation Act - Sections 30; B.I.R. Act, 1946; Employees' State Insurance General Regulations, 1950 - Regulation 40
[2009(121)FLR1015]; (2009)1GLR834; (2009)IVLLJ198Guj
the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (Act No. LII of 1961), or under the Standing Orders of the establishment; but does not include'.5.1. The … as under:4(a) In light of the facts of present case and in view of statutory provisions contained in Section 2(9) of the E.S.I. Act, whether E.S.I. Court is right and justified in interpreting 'or' as 'and' and
Tag this Judgment! AI Brief & AskH. Ramappa S/O Hanumanthappa and ors. Vs. the General Manager, Sri Yel ...
Karnataka
Oct-03-2007
Service
Payment of Gratuity Act, 1972 - Sections 2, 2A, 2A(1), 2A(2), 4, 4(1), 4(2), 7, 7(4), 7(7) and 14; Apprentices Act, 1961 - Sections 2; Industrial Disputes Act, 1947 - Sections 2; Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 2; Payment of Gratuity (Amendment) Act, 1984; Payment of Gratuity (Central) Rules, 1972
[2008(117)FLR863]; (2008)IILLJ737Kant; 2007(4)KCCRSN301
not contend that there was automatic cessation of service or a break in service - Appeal allowed - APPRENTICES ACT, 1961. Section 2(a): [S.R. Bannurmath & A.N.Venugopala Gowda, JJ] Apprentice Absence of material to show that a person working as … involved common questions of fact and law, the same have been clubbed, heard and a common order dated 31.1.2001 has been passed by the Appellate Authority under the Act, dismissing the appeals.6. The employer, feeling aggrieved, had
Tag this Judgment! AI Brief & AskRaj Kumar Srivastava Vs. State of U.P. and ors.
Allahabad
Dec-22-1995
Labour and Industrial
Apprenticeship Act, 1961 - Sections 4, 18 and 20; Uttar Pradesh Industrial Disputes Act
(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 … the respondent was appointed by the State Bank of India, between July 31, 1973 and August 29, 1973. The first appointment of the petitioner in
Tag this Judgment! AI Brief & AskU.P. State Electricity Board and anr. Vs. Presiding Officer, Labour Co ...
Allahabad
Nov-24-1997
Labour and Industrial
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
(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 … under Section 30, but is in contravention of the provisions of the Act then it is punishable under Section 31 with fine. Thus, the Apprenticeship Act, 1961 along with the Rules framed thereunder is a complete Code within
Tag this Judgment! AI Brief & AskM.P.S.R.T.C. and anr. Vs. NaraIn Singh Rathore and ors.
Madhya Pradesh
Aug-17-1994
Labour and Industrial
Madhya Pradesh Employment (Standing Order) Act, 1961 - Sections 7; Madhya Pradesh Industrial Relations Act, 1960 - Sections 31(3)
(1995)ILLJ899MP; 1994(0)MPLJ959
classified as: (i) permanent, (ii) permanent seasonal, (iii) probationers, (iv) badlies, (v) Apprentices, and (vi) temporary:- (i) A 'permanent' employee is one who has completed … in this petition.8. The Rules have been framed under the provisions of the M.P. Industrial Employment (Standing Order) Act, 1961 (for short, the Act). Section 7 of the Act enables the State Government to apply Standard Standing Orders … in persuading his employer to classify him as 'permanent incharge' of the bus- Station filed an application under Section 31(3) of the M.P. Industrial Relations Act 1960 before the Industrial Court, Madhya Pradesh, Indore, praying for such classification,
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