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Mar 24 2009

Kovuri Rajalingam Vs. Singareni Collieries Company Ltd. and ors.

Court : Andhra Pradesh

Decided on : Mar-24-2009

Subject : Service

Acts : Mines Act, 1952 - Sections 40; Mines Rules; Mines Regulations; Mines (Amendment) Act, 1983; Apprentices Act, 1961 - Sections 2, 43

Reported in : 2009(5)ALT480

age shall be allowed to work in any mine or part thereof.(2) Notwithstanding anything contained in Sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in … provision, no person can work in the mines, who is underage.9. Indisputably, after the commencement of the Mines (Amendment) Act, 1983, no person below 18 years of age shall be allowed to work in any mine or part … also been issued on the even date vide WPMP No. 11193 of 2007.3. The respondents entered appearance and moved WVMP No. 311 of 2009 with

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Aug 03 2023

K.K.Velayudhan vs State of Kerala

Court : Kerala

Decided on : Aug-03-2023

amendment of the presidential Order in terms of WP(C) No. 12639 of 2019 :6:the Constitution (Scheduled Castes) Order (Amendment) Act, 2007 which received the assent of the President on 29 th August , 2007 and was published in the … documents including Exts P1 and P2 caste certificate issued by the 6th respondent. Petitioner was recruited as an apprentice in the 7th respondent factory in general quota and was absorbed in the regular post of Machinist-B w.e.f. … WP(C) No. 12639 of 2019 :4: preferred as per the provisions of Section 13 of the Kerala (Scheduled Caste and Scheduled Tribe) Regulation of Issue … HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945 WP(C) NO. 12639 OF 2019 PETITIONER: K.K.VELAYUDHAN AGED 65 YEARS

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Dec 23 2015

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

Decided on : Dec-23-2015

Subject : Education

of gratuity to the teachers. Accordingly, the Payment of Gratuity (Amendment) Bill, 2007 was introduced in Lok Sabha on the November 26, 2007 and same … 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. 26. Meaning of the term … employee under Section 2 (e) of the Payment of Gratuity Act (before amendment of the Act in the year 2009) reads as follows: (e) employee … in so far as coverage sought to be made is pursuant to a notification issued in terms of Section 1(5) of the Act by the State Government , who is stated as not the Appropriate Government in terms

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Nov 08 2012

Shamaraja Udupa Vs. the Assistant Labour Commissioner, Mangalore and O ...

Court : Karnataka

Decided on : Nov-08-2012

Subject : Education

to set aside the order passed in the Writ Petition No.11362 of 2007 dated 02-08-2007.) 1. The question of law that arises for consideration in … in the context of the definition of an employee prior to the amendment. Section 2(e) is now substituted by Act 47 of 2009, which came … railway companies, shops or other establishment and for matters connected therewith or incidental thereto. 7. Sub-section (3) of Section 1 sets out the establishment to which the Act is made applicable. It reads under: “(3) It shall apply … Section 2 defines the term ‘employee’. It reads as under: (e) “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind

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Oct 05 2015

M/s. Indication Instruments Limited Vs. Anita Kumari and Another

Court : Punjab and Haryana

Decided on : Oct-05-2015

Subject : Labour and Industrial

before she was appointed on March 02, 2009 as an Apprentice (Learner), a post not covered under the Apprentices Act, 1961 ("1961 Act") because it was so stated by the management itself in the appointment letter Ex.M-10 … earlier to the period in question worked intermittently with the management in 2007 and 2008 and had suffered two termination orders before she was appointed … 1. Dispute as to termination arose on January 06, 2011 when the services … of 45 days [of service of demand notice on the labour conciliation officer] she took recourse to the amended provision in section 2-A (2) of the Industrial Disputes Act, 1947 ("the Act") by approaching the Labour Court-III,

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Mar 07 2019

Birla Institute of Technology Vs. The State of Jharkhand

Court : Supreme Court of India

Decided on : Mar-07-2019

Subject : Education

as defined under Section 2(e) was accordingly amended with effect from 03.04.1997 retrospectively vide Payment of the Gratuity (Amendment) Act, 2009 (No.47 of 2009) published on 31.12.2009. The amended definition reads as under: “(e) “employee” means any person … by the High Court of Jharkhand at Ranchi in LPA No.53 of 2007 whereby the Division Bench of the High Court dismissed the LPA filed … shops or other establishment and for matters connected therewith or incidental thereto. Clause (c) of subsection (3) of section 1 of the said Act empowers the Central Government to apply the provisions of the said Act by notification … reads as under: “2. (e) ‘employee’ means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, 9 plantation, port,

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Jul 15 2009

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

Court : Kerala

Decided on : Jul-15-2009

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

be more than the rates which were in force immediately before the commencement of the Employees' State Insurance (Amendment) Act, 1989.(3) The wage period in relation to an employee shall be the unit in respect of which all … 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 … RAO,Special Secretary.GOVERNMENT OF KERALALabour and Rehabilitation (F) DepartmentNOTIFICATIONG.O.(P)No. 116/2007/LBR.Dated, Thiruvananthapuram, September 6, 2007.S.R.O. No. 749/2007 - In exercise of the powers conferred by Sub-section (5) … the Act applies are to be compulsorily insured in the manner provided in the Act. By virtue of Section 1(4) of the Act, the Act was made applicable in the first instance to all factories including factories belonging

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Apr 02 2024

M/s. Bharti Airtel Limited Vs. A.s. Raghavendra

Court : Supreme Court of India

Decided on : Apr-02-2024

Subject : MRTP

S.K. Verma [(1983) 4 SCC214:1983. SCC (L&S) 510]. .22. The Constitution Bench further took notice of the subsequent amendment in the definition of ‘workman’ and held that even the legislature impliedly did not accept the said interpretation … South - Graphic Communication Group in Kodak India Private Limited from June, 2007 till the date of making the application; in Xerox India as “Corporate … case [(2004) 8 SCC387:2004. SCC (L&S) 1128]. , the question arose whether the appellant, who was appointed as Apprentice Development Officer, could be treated as a workman. While dealing with the said question, the three-Judge Bench referred … However, on 27.06.2013, brushing aside the appellant’s objections that the Industrial Disputes Act, 1947 (hereinafter referred to as the “ID Act”) was not applicable in … not a “workman”, within the 3 meaning of Section 2(s)1, ID Act, the “appropriate Government”2 [herein, the

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Dec 11 2015

St. Xavier s H.S. School Vs. State of Chhattisgarh, through its Chief ...

Court : Chhattisgarh

Decided on : Dec-11-2015

Subject : Education

of gratuity to the teachers. Accordingly, the Payment of Gratuity (Amendment) Bill, 2007 was introduced in Lok Sabha on the 26th November, 2007 and same … holding inter-alia that definition of employee has been amended with effect from 3.4.1997 by the Payment of Gratuity (Amendment) Act, 2009 and therefore, he is entitled for amount of gratuity payable by the petitioner s Institution and accordingly, … shops or other establishment and for matters connected therewith or incidental thereto. Clause (c) of sub-section (3) of section 1 of the said Act empowers the Central Government to apply the provisions of the said Act by notification … which provides as under:- 2(e) employee means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway

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Jan 12 2009

Merind Ltd. and anr. Vs. Prescribed Authority (Under Payment of Wages ...

Court : Allahabad

Decided on : Jan-12-2009

Subject : Labour and Industrial

Reported in : (2009)IVLLJ120All

Anwar Khan (since deceased) through Legal Representatives (2007) 11 SCC 25 : 2007-II-LLJ-1027.8. It is submitted that the respondent No. 1 is not appropriate authority … Act by reference under Section 6(2) of the 1976 Act. Industrial Disputes Act, 1947 has been amended by Amendment Act (46 of 1982). By virtue of Section 24 of Amendment Act, Section 6(2) of 1976 Act has been … 'sales promotion employee' means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do … No. 2 stood excluded from the operation of provisions of the 1936 Act by virtue of provisions of Section 1(6) of the 1936 Act which places a maximum ceiling limit on the salary of employee at Rs. 1600/-

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