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The Regional Provident Fund Commissioner Vs. the Management of Precise ...

Court : Chennai

Subject : Service

Reported in : (1990)2MLJ243

or trade was the essence of the said legislation, this Act was repealed by Section 38 of the Apprentices Act, 1961.The object of 1961 Act is to provide for the regulation and control of training of apprentices in trades … Court had occasion to consider the definition of 'employee' under Section 2(9) of the Employees' State Insurance Act 34 of 1948, hereinafter referred to as Act 34 of 1948. The definition of an employee under Section 2(9)

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, … in consultation with Central Apprenticeship Council has framed 'The Apprenticeship Rules 1992'. 34. Rule 6 requires that every employer shall send to the Apprenticeship Adviser … 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

Employees' State Insurance Corporation Vs. Arvind Mills Ltd.

Court : Gujarat

Subject : Insurance

Acts : 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

Reported in : [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

Indian Telephone Industries Ltd. Vs.surinder Mohan

Court : Delhi

Subject : Land Acquisition

to the issue which would require discussion/decision in the present case and also of the applicability of the Apprentices Act, 1961, and this detailed order dated 19.9.2016 reads as under:-"Order dated 19.9.2016 “1. This regular second appeal filed under … Whether the suit as filed by the respondent/plaintiff to seek a declaration simpliciter was maintainable in view of Section 34 of the Specific Relief Act, and the effect of the liberty granted by the Supreme Court in SLP

R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot

Court : Andhra Pradesh

Subject : Labour and Industrial

work of the establishment except the person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 is for all practical purposes is the employee. Admittedly, in this case, the Trade Trainees are not the … contention of Mr. Naidu. (emphasis supplied) Then, the Full Bench in paragraphs 34 and 35 also observed thus:- 34. The result of the above discussion … the Companies whether the trainees/apprentices, in the present case, can be treated as employees within the meaning of Section 2(9) of the ESI Act?. may also be decided by this Bench. We find the request made by

M/s Express Publications (madurai) Private Limited Vs. Union Of India

Court : Karnataka

Subject : Land Acquisition

justifiably have embarked on an exercise as to whether the respondent was in effect a “trainee” under the Apprentices Act, 1961, or a “workman” within the meaning of Section 2(s) of the 1947 Act. There is nothing on record … at arm's length-since he might have been searching for some employment so as to eke out his - 34 - WP No.362 of 2021 livelihood and accepts whatever he gets. But on that ground alone, it would

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

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 … has been entered into under sub-section (1) thereof. x x x x x x x x x x 34. The definition of workman as contained in Section 2(s) of the Industrial Disputes Act, 1947 includes an apprentice,

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 … has been entered into under sub-section (1) thereof. x x x x x x x x x x 34. The definition of workman as contained in Section 2(s) of the Industrial Disputes Act, 1947 includes an apprentice,

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,