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U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

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, … the period or remuneration agreed to between the apprentice and the employer.' 32. Chapter III of the Act deals with the authorities like the powers … 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

N.J. Nayudu and Company Vs. Regional Provident Fund Commissioner

Court : Mumbai

Subject : Service

Acts : 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

Reported in : 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 … must not be imported into another. Here the Apex Court was concerned with the exemption available under Section 32(iv) of Payment of Bonus Act, to activities carried on by local authorities and therefore, whether Delhi Development Authority

M.C. Mehta Vs. State of Tamil Nadu and Others

Court : Supreme Court of India

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 … intolerable, the public spirited lawyer, Shri M.C. Mehta, thought it necessary to invoke this court's power under Article 32, as after all the fundamental right of the children guaranteed by Article 24 was being grossly violated. He,

Vasantrao Dattaji Dhanwatey and anr. Vs. Union of India and anr. and S ...

Court : Mumbai

Subject : Civil

Acts : constitution of India - Articles 226 and 19 (1); Industries ( Development and Regulation ) Act, 1965 - Sections 3, 18AA (1) and 24; Partnership Act, 1932 - Sections 43 and 47; companiew Act, 1956 - Sections 2 (10) and 3(1)

Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222

the respondents, however, try to explain this definition by referring to similar definitions in Section 32 of the Apprentices ACt, 1961, section 23 of the bonded Labour System (Anbolition) Act, 1976, Section 9 of the Collections of Statistics Act, 1953

Commissioner of Income-tax Vs. Tata Engineering and Locomotive Co. Ltd ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1), 34 and 80RRA

Reported in : (1993)112CTR(Bom)328; [1993]201ITR1036(Bom)

to this court for opinion : '1. Whether, on the facts and in the circumstances of the case apprentices employed by the assessee in terms of the contract of apprenticeship were in law the assessee's employees and … Dr. B.P. Saraf J.1. By this reference under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following two question to this … initial depreciation at 20 per cent. of the actual cost under section 32(1)(iv) in respect of the apprentice school building and apprentice shop building ?'

Welcomgroup Windsor Manor, Bangalore Vs. the Deputy Regional Director, ...

Court : Karnataka

Subject : Company

Acts : Employees' State Insurance Act, 1948 - Sections 2 (9), (13) and (17), 40, 40 (2), 41, 41 (1), 45-A, 75 and 97; Employees' State Insurance (General) Regulations, 1950 - Regulations 32 (1-A); Apprentices Act, 1961; Factories Act, 1948

Reported in : [2002(93)FLR1192]; ILR2002KAR2145; 2001(4)KarLJ422; (2001)IILLJ978Kant

of, the factory or establishment or any person engaged as apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under the standing orders of the establishment; but does not include- (a) any member … 1. The appellant is an hotel industry. The officer of the respondent-Corporation, issued a notice under Section 45-A of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act' for short) demanding payment … the Act, provides for recovery of contribution from the immediate employer. Regulation 32(1-A) provides that every immediate employer shall maintain a register in Form 7,

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

Court : Allahabad

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, … during the training of three years as Craftsman trainee had not been counted towards their total length of 32 years of service for the purposes of computation of gratuity.9. The Corporation contested the claim of the employees

Mahesh Chand Vs. Mgt. of M/S Le Meridien

Court : Delhi

Subject : Labour and Industrial

Section 2(s) of the Industrial Disputes Act, 1947 but by reason of a subsequent parliamentary legislation, namely, the Apprentices Act, 1961 (the 1961 Act), the term apprentice has been defined in Section 2(aa) to mean a person who is … SCC 521.M. Venugopal Vs. Divisional Manager, Life Insurance Corporation of India, Machilipatnam, A.P. and Anr., (1994) 2 SCC 323.and a Division Bench decision of this Court in Management of Apparel Export Promotion Council Vs. Surya Prakash, (2011)

Ramesh Chand Vs. Mgt. of M/S Le Meridien

Court : Delhi

Subject : Labour and Industrial

Section 2(s) of the Industrial Disputes Act, 1947 but by reason of a subsequent parliamentary legislation, namely, the Apprentices Act, 1961 (the 1961 Act), the term apprentice has been defined in Section 2(aa) to mean a person who is … SCC 521.M. Venugopal Vs. Divisional Manager, Life Insurance Corporation of India, Machilipatnam, A.P. and Anr., (1994) 2 SCC 323.and a Division Bench decision of this Court in Management of Apparel Export Promotion Council Vs. Surya Prakash, (2011)

Mukesh K. Tripathi Vs. Sr. Divisional Manager, L.i.C. and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 25F and 64; Life Insurance Corporation of India (Staff) Regulations, 1960; ;Apprentices Act, 1961 - Sections 4(1), 4(2) and 18; Industrial Employment (Standing Order) Act, 1946

Reported in : AIR2004SC4179; 2004(4)AWC3088(SC); JT2004(7)SC232; (2004)IIILLJ740SC; RLW2004(4)SC556; 2004(7)SCALE442; (2004)8SCC387; 2005(1)SLJ112(SC); (2004)3UPLBEC2632

matter from another angle, viz., the appointment of the Appellant as an apprentice under the Scheme vis-a-vis the Apprentices Act, 1961.27. The expression 'Apprentice' has been included in the definition of 'workman' contained in Section 2(s) of the Industrial