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Feb 08 2005

Dhampur Sugar Mills Ltd. Vs. Bhola Singh

Court : Supreme Court of India

Decided on : Feb-08-2005

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act - Sections 6 and 6N; Apprentices Act, 1961

Reported in : AIR2005SC1790; 2005(3)ALD35(SC); 2005(3)ESC319; [2005(104)FLR999]; JT2005(2)SC98; (2005)ILLJ1084SC; (2005)2SCC470; 2005(2)SLJ225(SC); (2005)1UPLBEC929

non-regularization of his services by the Appellant was made.14. If the Respondent was appointed in terms of the Apprentices Act, 1961, he will not be a workman, as has been held by this Court in Mukesh K. Tripathi v. … Section 6N only it has been stated that the action has been initiated dramatically and the provision of Section 6 of the Industrial Dispute Act, has been complied with. But it has not been stated that which provision

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Oct 01 2004

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

Court : Supreme Court of India

Decided on : Oct-01-2004

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, … shall be enforceable at the instance of any party to the contract against the other party thereto.' 16. Section 6 deals with the period of apprenticeship training which reads as under:- '6. Period of apprenticeship training :- The

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May 03 2003

State of Gujarat Vs. Chauhan Ramjibhai Karsanbhai

Court : Gujarat

Decided on : May-03-2003

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 6 and 18; Industrial Disputes Act - Sections 2 and 25F; Constitution of India - Article 227

Reported in : [2004(102)FLR347]; (2004)1GLR885

respondent workman was not a workman appointed by the petitioner but he was appointed as Apprentice under the Apprentices Act, 1961. Learned AGP Mr. Dave submitted that the workman appointed under Section 6 of the Apprentices Act on date

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Apr 02 1998

Ram Dular Paswan and ors. Vs. P.O., Labour Court and ors.

Court : Patna

Decided on : Apr-02-1998

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2 and 33A; Apprentice Act, 1961

specified above. No cost. A.K. Prasad, J. I agree. Industrial Disputes Act, 1947, Sections 2(s) and 33-A - Apprentices Act, 1961, Sections 2(aa), 3, 4, 6, 7 and 18--'Apprentice', although is included in definition of workmen, as contained in … contract of apprenticeship. Sub-sections (4) and (5) of the said Section require the apprenticeship contract to be registered. Section 6 deals with the period of apprenticeship training and Section 7 provides for termination of apprenticeship contract. Section 18

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Nov 03 1997

A. Suresh Babu Vs. Apseb, Hyderabad and ors.

Court : Andhra Pradesh

Decided on : Nov-03-1997

Subject : Service

Acts : Apprentice Act, 1961 - Sections 9, 19, 21 and 22; Apprenticeship Rules, 1962 - Rules 6-B, 7, 8(3), 10 and 10(3); Regulation 1 of APSEB Service Regulations Part-II

Reported in : 1998(6)ALD590; 1998(1)ALT121

apprentice training9. Sri Surender Rao, learned Counsel for the petitioner has taken me to the provisions of the Apprentices Act, 1961 particularly with reference to provisions under Sections 9, 19, 21 and 22 and the relevant rules under 6-B, … petitioner has taken me to the provisions of the Apprentices Act, 1961 particularly with reference to provisions under Sections 9, 19, 21 and 22 and the relevant rules under 6-B, 8(3) and 10(3) & (7) of the

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Mar 26 1992

Patel PravIn Kumar Somnath and ors. Vs. Gujarat State Land Development ...

Court : Gujarat

Decided on : Mar-26-1992

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 1(4), 2, 4, 6, 7, 8, 13, 18, 22 and 30; ;Contract Labour Act - Sections 7, 10 and 12

Reported in : (1993)ILLJ916Guj

apprentices and therefore they were mere trainees and not workers and they were governed by the provisions of Apprentices Act, 1961 or at least the spirit underlying the Act would apply to the relations between the parties. On completion … be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration.' Section 6 of the Act provides for period of apprenticeship training. Section 7 of the said Act provides for termination

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May 18 2012

Chander Dutt Vs. Nehru Yuva Kendra Sangathan

Court : Delhi

Decided on : May-18-2012

Subject : Labour and Industrial

be appointed even prior to creation of the temporary posts by the State………… Evidently, the provisions of the Apprentice Act, 1961 have also not been followed………………….. 12. This Court in a large number of decisions has expressed … appointed even prior to creation of the temporary posts by the State………… Evidently, the provisions of the Apprentice Act, 1961 have also not been followed………………….. 12. This Court in a large number of decisions has expressed its concern … relief of reinstatement in service with back wages was granted to him. 6. The learned counsel for the petitioner-workman contended that the award of the … than 240 days did not give him a right for regularization and Section 25-F of the Industrial Disputes Act was not attracted in this case.

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Jul 14 2003

U.P. State Electricity Board and anr. Vs. Presiding Officer, Labour Co ...

Court : Allahabad

Decided on : Jul-14-2003

Subject : Labour and Industrial

Acts : 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)

Reported in : (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,

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Sep 26 2002

U.P. State Electricity Board Vs. Presiding Officer, Labour Court Iii a ...

Court : Allahabad

Decided on : Sep-26-2002

Subject : Labour and Industrial

Acts : 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

Reported in : (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 … that his services could not be terminated except in accordance with Section 6-N of the said Act.4. The petitioner contested the claim on the ground

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Jan 09 2001

Ballkhan Doskhan Joya Vs. Gujarat Electricity Board

Court : Gujarat

Decided on : Jan-09-2001

Subject : Labour and Industrial

Acts : 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

Reported in : [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 … appointed the appellant on work charge establishment on the post of Helper and he joined the post on 6-8-1979. The appointment was for a period of 190 days and his services were terminated on 29-11-1979. The employee

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