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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, … and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.' 15. Section 5 deals with the Novation of contract of apprenticeship which reads as under: ' Where an employer with whom
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 … stipend. At that stage, the respondents 2 and 3 filed O.A. No. 547 of 1994, challenging the order dated 23.12.1993, extending their training period and
Tag this Judgment! AI Brief & AskKaruna Shankar Tripathi Vs. State of U.P. and ors.
Allahabad
Sep-27-1991
Labour and Industrial
Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(2); Constitution of India - Article 226; Apprentice Act - Sections 7
[1992(65)FLR203]; (1995)IIILLJ60All
contract of apprenticeship has been appointed as apprentice then he would come within the scope and ambit of Apprentices Act, 1961. Section 4 of the Apprentice Act which deals with the contract of apprenticeship reads as under: '4. (1) No … payment of special contribution under Chapter V-A of the Act in respect of the apprentices will be justified.' 5. In the said decision the Supreme Court has taken note of Section 13 of Apprentices Act as well
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N. Krishnamurthy Vs. Executive Director, Bhel Trichy and ors.
Chennai
Dec-15-1992
Labour and Industrial
Apprentices Act, 1961 - Sections 21 and 22
(1993)IILLJ1084Mad
prayer of the appellant in the writ petition and even as per that, under Sec. 22 of the Apprentices Act, 1961, the appellant cannot ask for directions regarding employment under the respondents 1 and 2. Further, in this case, … for the issue of a writ of mandamus directing the respondents to issue the National Apprenticeship Certificate under Section 21 of the Apprenticeship Act, 1961, and for a direction to the respondent to provide appointment to the … the order passed in W.M.P. No. 7988 of 1992 in W.P. No. 5586 of 1992. In W.P. No. 5586 of 1992, the appellant has prayed
Tag this Judgment! AI Brief & AskThe Management of Bharat Heavy Electricals Ltd. Rep. by Its General Ma ...
Chennai
Nov-14-2008
Labour and Industrial
Industrial Disputes Act, 1947 - Sections 2, 2(A), 7A, 10, 25B, 25B(1), 25B(2), 25F, 25G, 25H and 25N; Apprentices Act, 1961; Contempt of Courts Act; Bihar and Orissa Co-operative Societies Act; Limitation Act, 1963 - Sections 5 - Schedule - Article 137; Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 6N and 6P; Code of Civil Procedure (CPC) ; Constitution of India - Articles 12, 14, 16, 226 and 227
(2009)IILLJ147Mad
Learned Counsel for the management would contend that the workmen were engaged as apprentices for training under the Apprentices Act, 1961; except the respondents in W.A. Nos. 53 and 57 of 2007, no other persons have put in more … requirements that have been set out in the above referred to decision of the Supreme Court. Even under Section 5 of the Limitation Act, the expression used is only 'court' and not a 'civil court'. Therefore, it can
Tag this Judgment! AI Brief & AskVirender Singh Vs. Haryana Tourism Corporation Ltd., Through the Manag ...
Punjab and Haryana
Dec-16-2004
Labour and Industrial
Companies Act, 1956; Industrial Disputes Act, 1947 - Sections 2, 10 and 25F; Apprentices Act, 1961 - Sections 4(1), 4(4), 5, 7, 18, 22, 22(1), 33(2) and 33C(2); Uttar Pradesh Industrial Disputes Act, 1947; Constitution of India - Article 226
[2005(105)FLR1159]; (2005)IILLJ856P& H; (2005)139PLR830
the said order is in violation of the Certified Standing Orders pf the respondent-Corporation, by virtue of which Apprentices Act, 1961 (hereinafter referred to as the Act of 1961) would apply to the trainee. The petitioner then places reliance … be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration'.17. Section 5 of the Act, which deals with notation of contract, reads thus:'Where an employer with whom a contract 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 & 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 … to the Apprenticeship Adviser for registration. The period is prescribed by Rule 5 is three months. The Rules make detailed provisions regarding the manner in … were not fulfilled by the employer. The termination of his services was alleged to be in violation of Section 6-N of the U.P. Industrial Disputes Act and that he should be deemed to be in continuous service.
Tag this Judgment! AI Brief & AskU.P. State Electricity Board and anr. Vs. Presiding Officer, Labour Co ...
Allahabad
Jul-14-2003
Labour and Industrial
Uttar Pradesh Industrial Disputes Act, 1947 - Sections 6N; Constitution of India - Article 226; Apprentices Act, 1961 - Sections 4(5); Apprenticeship Rules, 1991 - Rule 6(1)
(2003)3UPLBEC1983
cannot be treated to be an Apprentice because he has not been registered under the provisions of the Apprentices Act, 1961. The Labour Court found that irrespective of the nature of engagement of the workman concerned, the employer are … under the provisions of the U.P. Industrial Disputes Act, 1947 and have to comply with the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 before terminating the services of the workman concerned which, admittedly, … another learned Single Judge of this Court reported in 1998 (78) FLR 511, U.P. State Electricity Board and Ors. v. P.O., Labour Court, Kanpur and
Tag this Judgment! AI Brief & AskVenkadasan K., Secretary N.L.C.i.T.i. Apprentice Welfare Association V ...
Chennai
May-02-2005
Labour and IndustrialCivil
Industrial Disputes Act, 1947 - Sections 12(3); Apprentices Act, 1961
(2005)2MLJ694
on the ground that the members of the appellant association being trained apprentices under the provisions of the Apprentices Act, 1961, were entitled for preference as per the guidelines of the Ministry of Labour, Union of India as well … N.L.C. shall be absorbed in a phased manner over a period of 5 years. This absorption will, however, depend upon requirements, qualifications, length and nature … by which, the learned single Judge declined to interfere with the settlement dated May 18, 1995 reached under Section 12(3) of Industrial Disputes Act between Management and Workmen of Neyveli Lignite Corporation Limited (in short, 'N.L.C. Ltd.').2.
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