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Mukesh K. Tripathi Vs. Sr. Divisional Manager, L.i.C. and ors.
Supreme Court of India
Sep-06-2004
Labour and Industrial
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
AIR2004SC4179; 2004(4)AWC3088(SC); JT2004(7)SC232; (2004)IIILLJ740SC; RLW2004(4)SC556; 2004(7)SCALE442; (2004)8SCC387; 2005(1)SLJ112(SC); (2004)3UPLBEC2632
apprenticeship. How a contract of apprenticeship would be entered into is to be found in Sub-section (1) of Section 4 of the 1961 Act. The embargos placed in this regard are: (i) entering into a contract of apprenticeship … 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
Tag this Judgment! AI Brief & AskU.P. State Electricity Board Vs. Presiding Officer, Labour Court Iii a ...
Allahabad
Sep-26-2002
Labour and Industrial
Apprentices Act, 1961 - Sections 2 and 4(4); Apprentices Rules, 1991 - Rule 12 and 12(2); Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2 and 6N
(2003)IIILLJ88All
dated April 9, 1985, the petitioner-U.P.S.E.B. appointed the respondent No. 2 as an apprentice Boiler Attendant under the Apprentices Act, 1961 for a period of three years from April 11, 1985 to April 10, 1988. Since the petitioner stopped … No. 2 w.e.f. April 11, 1988, the said respondent No. 2 raised a dispute and a reference under Section 4-K of the U.P. Industrial Disputes Act was made by the State Government to the Labour Court. The terms
Tag this Judgment! AI Brief & AskUnion of India (Uoi), Rep. by the Chief Personnel Officer, Southern Ra ...
Chennai
Aug-26-2004
Service
Apprentices Act, 1961 - Sections 4, 4(5) and 21
(2004)2MLJ260
noticed in some detail. The present Respondents 2 and 3 were selected for training as Apprentices under the Apprentices Act, 1961 and under letter dated 23.4.1991, they were directed to undergo Shed Floor Training in the open line establishment … Apprentices Training, went on. It was discovered that, since contract of Respondents 2 and 3 as envisaged under Section 4 of the Apprentices Act has not been registered, the fourth respondent did not permit the respondents 2 and
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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, … fourteen years of age and satisfies such standards or education and physical fitness as may be prescribed. 14. Section 4 which is relevant for our purpose reads as under:- 'Contract of apprenticeship - (1) No person shall be
Tag this Judgment! AI Brief & AskPetroleum Employees Union Vs. Indian Oil Corporation Ltd. and ors.
Mumbai
Dec-22-2000
Labour and Industrial
Apprentices Act, 1961 - Sections 2 and 4(1); Industrial Disputes Act, 1947
[2001(89)FLR235]; (2001)ILLJ1211Bom
The learned counsel for the petitioners first submitted that the appointments are contrary to the provisions of the Apprentices Act, 1961, since they could not have been put for training without following the procedure contemplated by the said Act. … undergoing apprenticeship training in pursuance of a contract of apprenticeship'.The phrase 'Contract of apprenticeship' means as provided in Section 4. Section 4(1) provides for contract of apprenticeship and Section 4(1) is as under:'4(1) No person shall be engaged
Tag this Judgment! AI Brief & AskRegional Director E.S.i. Corporation Vs. M/S Arudyog and Others
Mumbai
Jan-23-1986
Labour and Industrial
Apprentices Act, 1961 - Sections 1(4) and 18; Employees' State Insurance Act, 1948 - Sections 2(12)
(1987)ILLJ292Bom
or in relation to the two apprentices in view of the clause (b) of Section 18 of the Apprentices Act, 1961.4. As this point does not appear in the discussion in the judgment of the lower Court I had
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, … training period should be added for the purpose of gratuity in continuity of their service as per Clause 4.2 of the Voluntary Separation Scheme.18. The counsel for the respondents also has placed reliance upon the definition of
Tag this Judgment! AI Brief & AskBallkhan Doskhan Joya Vs. Gujarat Electricity Board
Gujarat
Jan-09-2001
Labour and Industrial
Apprentices Act, 1961 - Sections 2, 3, 4(5) and 18; Industrial Disputes Act, 1947 - Sections 2 and 25-F; Industrial Disputes (Amendment) Act, 1984; Constitution of India - Article 227; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957
[2002(92)FLR914]; (2001)3GLR2666
ground that the contract of apprenticeship sent to the Apprenticeship Adviser in accordance with Section 4(5) of the Apprentices Act, 1961 has not been registered. The employee then approached the Labour Court under the provisions of the Industrial Disputes
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 … applicable only to persons who are undergoing apprenticeship training in pursuance of the contract of apprentices executed under Section 4 of the said Act. It is possible to visualise persons who may be engaged as apprentices but who
Tag this Judgment! AI Brief & AskU.P. State Electricity Board Vs. Ashok Kumar Shukla and anr.
Allahabad
Mar-31-2003
Labour and Industrial
Apprentices Act, 1961 - Sections 4(4); Industrial Disputes Act
2003(3)AWC2266; [2003(97)FLR822]; (2003)IILLJ1013All
petition was filed by the workman contending that he was engaged as an apprentice under the provisions of Apprentices Act, 1961 (hereinafter called Act 1961), as a Boiler Attendant. Management did not comply with the provisions of the said … that respondent No. 1 raised the industrial dispute and the appropriate Government in exercise of its power under Section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter called the Act 1947) made a reference as to whether
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