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The Employees' State Insurance Corporation and Anr. Vs. the Tata Engin ...

Court : Supreme Court of India

Subject : Media and CommunicationLabour and Industrial

Acts : Constitution of India - Article 133(1); Apprentices Act, 1850 - Sections 38; Apprentices (Amendment) Act, 1961 - Sections 2, 18 and 38; Industrial Disputes Act, 1947; Employees'State Insurance Act, 1948 - Sections 2, 2(9), 2(22) and 73B

Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)

a livelihood....Learning of craft or trade was the essence of the said legislation. This Act was repealed by Section 38 of the Apprentices Act, 1951. The object of 1961 Act is to provide for the regulation and control … the meaning of Section 2(9) of the Act. 12. Incidentally to my note that Section 18 of the Apprentices Act, 1961, provides that-save as otherwise provided in this Act, every apprentice under going apprenticeship training in a designated trade

Employees' State Insurance Corporation and Ors. Vs. Krishnaveni Hatmag ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2, 2(9), 2(12), 2(22), 75 and 82; Maharashtra Co-operative Societies Act, 1960; Mines Act, 1952; Apprentice Act, 1961; Pondicherry Co-operative Societies Act, 1972 - Sections 38

Reported in : [2007(112)FLR898]; (2007)2LLJ182Bom

the products of, the factory or establishment] [or any person engaged as apprentice, not being an apprentice engaged under the Apprentice Act, 1961 (52/1961), or … the factory or establishment] [or any person engaged as apprentice, not being an apprentice engaged under the Apprentice Act, 1961 (52/1961), or under the standing orders of the establishment; but does not include]-(a) any member of [the Indian] … succession and it is legally independent of its members who constitute the society. This is made clear by Section 38 of the Pondicherry Co-operative Societies Act, 1972. Once the society is independent of its members and has a

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, … 1972 the period of training of the officers is also counted for the purpose of calculation of gratuity. 38. The word 'employee' has been defined in Section 2(e) of the Payment of Gratuity Act as under :2(e)

N. Ravindra Murthy S/O. Sri N. Rama Murthy Vs. Shri Veerabhadra Swamy ...

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : 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

Reported in : 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 … suitable action against office holder. If action is not taken by EO, trustee can take action ignoring EO. Section 38 of the Act is a provision intended to control exercise of disciplinary power by the Board of Trustees

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Subject : Insurance

Acts : Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 1(5), 1(6), 2, 2A, 2(9), 2(12), 2(13), 2(22), 38, 39, 40, 41, 44, 45, 45A, 45A(2), 45B, 45C to 45I, 75 to 77, 82(2) and 85; Evidence Act - Sections 101 and 102; Apprentice Act, 1961; Mines Act, 1952; Factories Act, 1948 - Sections 2; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 2; Employees' State Insurance (Amendment) Act, 1989; Reserve bank of India Act, 1934; Kerala Industrial Establishment Act, 1958; The Employees' State Insurance (General) Regulations, 1950 - Regulations 10B, 11, 12 and 29 to 40

Reported in : (2010)ILLJ279Ker

the products of, the factory or establishment or any person engaged as apprentice, not being an apprentice engaged under the Apprentice Act, 1961 (52 of … the factory or establishment or any person engaged as apprentice, not being an apprentice engaged under the Apprentice Act, 1961 (52 of 1961) or under the standing orders of the establishment; but does not include -(a) any member … on the death of insured person at the prescribed rate of Rs. 1,500 (Rs. 2,500 w.e.f. October 1, 2001).Section 38 of the Act provides as follows:38. All employees to be insured: Subject to the provisions of this Act,

Srinivasa Rice Mill Vs. Employees State Insurance Corporation

Court : Supreme Court of India

Subject : Service

Acts : Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 2(4), 2(9), 2(12), 2(22), 38 to 45, 75(1), 76, 77, 78, 79, 81 82 and 85; Employees' State Insurance (General) Regulations, 1950 - Regulation 10B; ;Mines Act, 1952; Mines Act, 1952; Apprentices Act, 1961

Reported in : [2007(112)FLR233]; JT2006(10)SC305; 2006(11)SCALE694; 2006(2)LC1485(SC)

the factory or establishment or any person 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; but does not include- (a) any member … defray special expenses entailed on him by the nature of his employment; or(d) any gratuity payable on discharge; Section 38 occurring in Chapter IV of the Act provides that all employees are to be insured in the manner

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

Employees' State Insurance Corporation, Bangalore Vs. the Mysore Lamp ...

Court : Karnataka

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2(9), 2(22), 38, 39, 45-A and 46(1); Apprentices Act, 1961; Employees' State Insurance (General) Regulations, 1950

Reported in : [2001(91)FLR511]; ILR2001KAR4116; 2001(4)KarLJ360; (2001)IILLJ965Kant

the factory or establishment (or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under the standing orders of establishment, but does not include)-(a) any member of (the … Section 2(9) and also for the purposes of Sections 38 and 39. The wages payable as envisaged under Section 38 and 39 are qua to a period when the employees and the employer are liable to make contributions

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, … drawn stipend. 37. Rule 11 deals with payment of stipend to apprentices. 38. Rule 12 deals with the hours of work. 39. Rule 13 deals … 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

Siddeshwar and Co. Vs. Employees' State Insurance Corporation

Court : Karnataka

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 2(9), 45, 45-A and B

the factory or establishment or any person 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; but does not include - (a) any … definition of Section 2(9) and after having made a reference to Sections 38 and 39 of the Act, has been pleased to observe as under … 1. This miscellaneous first appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act'), arises from the judgment