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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, … technician apprentice technician (vocational) apprentice, the period of apprenticeship training shall be such as may be prescribed.' 17. Section 7 deals with the termination of apprenticeship Contract which reads as under: ' '7. Termination of apprenticeship contract -

Sunflag Iron and Steel Company Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Labour and Industrial

Acts : 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)

Reported in : 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 … under contract undertaken by them. For this purpose, the petitioner has registered itself as a principal employer under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 (for brevity, hereinafter referred to as 'the Act of

West Bengal State Electrical Contractors Association and Ors. Vs. the ...

Court : Kolkata

Subject : ElectricityCommercial

Acts : Workmen's Compensation Act, 1923; ;Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1, 1(3), 1(4), 2, 8A(2), 16, 16(1) and 16(3); ;Employees' State Insurance Act, 1948 - Section 2(9); ;Factories Act, 1948 - Section 7(1); ;Apprentices Act, 1961; ;Constitution of India - Articles 12, 14, 16 and 226

Reported in : (2009)IIILLJ379Cal

connection with the work of the establishment;(ii) 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;8A. Recovery of moneys by employers and contractors.:.(2) … a person has been named as a manager of the factory under Clause (f) of Sub-section (1) of Section 7 of the Factories Act, 1948 (63 of 1948), the person so named; and(ii) in relation to any other

Food Corporation of India Vs. the Union of India and ors.

Court : Supreme Court of India

Subject : Labour and IndustrialService

Acts : Factories Act, 1948 -- Sections 7; Apprentices Act, 1961

Reported in : 1998IIIAD(SC)691; AIR1998SC2841; [1998(79)FLR229]; JT1998(3)SC56; 1998(2)SCALE657b; (1998)6SCC436; 1998(1)LC682(SC)

with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment'8. As already pointed out, no materials are placed before us … a person has been named as a manager of the factory under clause (0 of sub-section (1) of Section 7 of the Factories Act, 1948, the person so named; and (ii) in relation to any other establishment, the

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

Court : Patna

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 … 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 of the said Act, which has laid down that apprentices

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

Court : Gujarat

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 … 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 of apprenticeship training. Section 8 empowers the Govt. to compel the

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

Court : Allahabad

Subject : Labour and Industrial

Acts : 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

Reported in : (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 … by the apprentices, the amount of stipend to be paid, hours of work, grant of leave etc. etc. Section 7 of the Act provides that the contract of apprenticeship shall terminate on the expiry of the period of

Uttama Ram Bhargava Vs. Raj. State Road Transport Corporation and anr.

Court : Rajasthan

Subject : Service

Reported in : 1996(3)WLC81; 1996(1)WLN343

heard learned counsel for the petitioner and perused the relevant Sections 7, 8, 18 and 22 of the Apprentices Act, 1961 and also the provisions of the ID Act, so also the case law cited at the Bar.4. As … Apprentices Act, 'apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. Section 7 provides for termination of apprenticeship contract and according to Sub-section (1) of this Section, the contract of apprenticeship

Virender Singh Vs. Haryana Tourism Corporation Ltd., Through the Manag ...

Court : Punjab and Haryana

Subject : Labour and Industrial

Acts : 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

Reported in : [2005(105)FLR1159]; (2005)IILLJ856P& H; (2005)139PLR830

referred to as the Act of 1961) would apply to the trainee. The petitioner then places reliance on Section 7 of the Act of 1961, by virtue of which the contract of apprentices training would terminate on the … 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

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, … a further sum of Rs. 11,987/- towards gratuity, hence each one of them filed an application under Section 7(4) of the Act read with Rule 10(2) of the Rules, before the Controlling Authority/Assistant Labour Commissioner (Central), Allahabad