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Judgment Search Results Home > Cases Phrase: apprentices amendment act 2007 Page 1 of about 77,735 results (0.192 seconds)

Oct 05 2015 (HC)

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

Court : Punjab and Haryana

..... anita kumari had 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 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 at annexure p-1 with the paper book ..... labour court neeed not have travelled that far since the worker was not an apprentice under the apprentices act which was the admitted position but the findings do fortify the conclusion. 6. ..... 105 of 2011 but it transpired that anita kumari had already invoked the amended provisions in section 2-a of the act by approaching the labour court directly in ref. ..... termination by the employer of the service of a workman for any reason whatsoever except those expressly excluded in the section 2 (00) of the act amounts to retrenchment and this is impermissible if the mandatory ingredients in section 25f (a) and (b) are not satisfied, as in this case ..... approached the labour court after raising a dispute and serving a demand notice upon the management and on the expiration 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, faridabad. ..... present dispute is, therefore one directly under section 2-a (2) of the amended provision. 5. .....

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Nov 08 2012 (HC)

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

Court : Karnataka

..... by the new definition which reads as under: 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 or work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, to which this act applies, but does not include any such person who holds a post under the central ..... after examining those recommendations, the act was amended by substituting the amended section giving effect to the amendment retrospectively with effect from 3rd april 1997, the date on which the provisions of the said act were made applicable to the educational ..... accordingly, the payment of gratuity (amendment) bill 2007 was introduced in lok sabha on 26th november 2007 and the same was referred to the standing committee on labour, which made certain ..... , in view of express words used in the amended definition of employee under section 2(e) of the act, where the words in any kind of work, manual or otherwise, in or in connection with the establishment to which the act applies, are used, the teachers working in educational institutions are now entitled to the benefit of payment of gratuity under the act. ..... therefore, in view of the definition of employee prior to amendment, the apex court held that trained or untrained teachers are not skilled, semi-skilled, unskilled, manual, supervisory, technical or clerical .....

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Dec 11 2015 (HC)

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

Court : Chhattisgarh

..... s.o.1080, dated the 3rd day of april, 1997 and the said notification shall be valid and shall be deemed always to have been valid as if the payment of gratuity (amendment) act, 2009 had been in force at all material times and the gratuity shall be payable accordingly: provided that nothing contained in this section shall extend, or be construed to extend, to affect any ..... in any judgment, decree or order of any court, for the period commencing on or from the 3rd day of april, 1997 and ending on the day on which the payment of gratuity (amendment) act, 2009, receives the assent of the president, the gratuity shall be payable to an employee in pursuance of the notification of the government of india in the ministry of labour and employment vide number ..... the amended definition of employee under section 2(e) states 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 of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this act applies, but does not ..... the payment of gratuity (amendment) bill, 2007 was introduced in lok sabha on the 26th november, 2007 and same was referred ..... accordingly, the payment of gratuity (amendment) bill, 2007 was withdrawn and a new bill, namely, this payment of gratuity (amendment) bill, 2009 having retrospective .....

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Feb 22 2010 (HC)

Krishna Preetha Vs. Jayan Moorkkanatt

Court : Kerala

Reported in : 2010(2)KLT459

..... for dissolution of marriage may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the indian divorce (amendment) act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed ..... a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they ..... has chosen to grant reliefs to parties in the cases pending before them -including the relief of dispensing with the period of waiting under section 13b(2) of the hindu marriage act/section 10a(2) of the divorce act cannot now be reckoned as observations clothing the family courts, district courts and the high courts with authority to ignore the mandatory provisions of sub-section (2) and dispense with ..... although the supreme court can, in exercise of its extraordinary powers, under article 142 of the constitution, convert a proceeding under section 13 of the hindu marriage act, 1955 into one under section 13-b and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other courts ..... 2007 .....

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Feb 18 1997 (FN)

California Div. of Labor Standards Enforcement Vs. Dillingham Constr., ...

Court : US Supreme Court

..... sound systems media was awarded the subcontract, it was signatory to a collective-bargaining agreement that provided a wage scale for apprentices, and required sound systems media to contribute to a cac-approved apprenticeship program, the northern california sound and communications joint apprenticeship ..... ("in california, additional financial incentives exist in the form of direct financial subsidies for training provided by approved programs," and because "an apprentice who completes an approved training program obtains a certificate of completion naming him or her a skilled journeyman in the chosen trade") ..... 4th 422, 434, 841 p.2d 1 the fitzgerald act provides: "the secretary of labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, [and] to cooperate with state agencies engaged in ..... saving clause provides that "[n]othing in this subchapter shall be construed to alter, amend, modify, invalidate, impair, or supersede any laws of the united states .. ..... it is argued that congress' unwillingness to amend 514(a) in response to these decisions is evidence that congress believed that those opinions accurately interpreted erisa's ..... , as amended, 29 ..... , as amended, 29 ..... 1494, as amended, 40 ..... 829, as amended, 29 .....

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Nov 16 1990 (HC)

Prabhari Adhikari Nagar Palika and anr. Vs. Ramesh Chandra and ors.

Court : Allahabad

Reported in : [1991(62)FLR265]; (1992)ILLJ639All; (1991)1UPLBEC203

..... ' having considered the supreme court case and having looked the amendments it is clearly borne out that the amendments by the act no.46 of 1982 were made having full regard to the views expressed by the supreme court, and the definition of the word 'workman' is now more extended. ..... 46 of 1982):'workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceedings under the act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute or whose dismissal, discharge or retrenchment has led to that dispute, but ..... 46 of 1982):'workman' means any person (including an apprentice) employed in any industry to do any manual, un-skilled, skilled, technical, operational, supervisory work for hire or reward whether the terms of employment be express or implied, and, for the purpose of any proceedings under this act, in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with or as a consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but .....

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Jul 18 2005 (HC)

Subatra and ors. Vs. C. Pavalamani

Court : Chennai

Reported in : (2005)4MLJ178

..... failure of justice or grave injustice has occasioned thereby, the high court may step in to exercise its supervisory jurisdiction.which principle may not be applicable to the case on hand, since it cannot be said, allowing the amendment application will come within the meaning of, the lower court failed to exercise the jurisdiction, which it does have, or exceeded the jurisdiction or anything done not permitted by law, thereby ending in failure of ..... .) 1, the apex court, while considering the scope of section 115(1) proviso inserted by the amended act, came to the conclusion that:the high court has committed a jurisdictional error in entertaining the revision petition filed by the respondent challenging ..... ., it is observed:a new sub-section (3) has been added in section 115 by the amendment act which states that revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is ..... of the learned counsel, that the respondent, being the purchaser from an alienee, pending attachment, cannot seek to file a petition, questioning the confirmation of sale by way of the proposed amendments, that too even after the entire proceedings were over, which are not properly appreciated by the court below, thereby committed a flagrant violation, which is to be nullified, in this revision. ..... of such a general power has been incorporated in the proviso which was inserted in the sub-section by the civil procedure code amendment act of 1976 .....

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Aug 28 1970 (HC)

K.M. Sundaram, Executive Committee Member, Communist Party of India, T ...

Court : Chennai

Reported in : (1971)1MLJ196

..... it is further stated that the notification issued by the government of tamil nadu in the extraordinary gazette dated 3rd august, 1970, under section 10 of the criminal law amendment act, 1932, declaring the offences under sections 188 and 506, indian penal code, as cognizable and non-bailable is unconstitutional and illegal and that the said notification was made with a view ..... under section 120-b read with 399, 447, 426, 506 and section 7 of the criminal law amendment act, 1932, and was remanded by the district magistrate, tiruchirapalli on 8th august, 1970.respondent no. ..... under section 120-b read with 447, 426, 399, 506, indian penal code, and section 7(1) of the criminal law amendment act, 1932, and remanded by sub-magistrate, madurai, on 8th august, 1970.respondent no. ..... by notification under section 10 of the criminal law amendment act, the offence under section 506, indian penal code, was declared to be cognizable ..... under section 120-b read with 446, 426, 399, 506, indian penal code, and section 7(1) of the criminal law amendment act, 1932 and was remanded by s.f.c.m. ..... sections 120-b, 447, 426, 399, 506, indian penal code, and section 7(1) of the criminal law amendment act and was remanded by s.m. ..... under section 120-b read with 447, 426, 399, indian penal code, and section 7(1) of the criminal law amendment act and was remanded by s.d.m. ..... under section 120-b read with 447, 426, 399, 506, indian penal code, and section 7(1) of the criminal law amendment act and was remanded by s.d.m. .....

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Apr 08 2015 (SC)

Foreshore Co-Op.Hng.Society Ltd. Vs. Praveen D Desai (D) Thr.Lrs. and ...

Court : Supreme Court of India

..... the moot question, therefore, that falls for consideration is as to whether courts shall be guided by the provisions of order xiv rule 2 of the code of civil procedure or section 9a of the code as amended by maharashtra amendment act, in the matter of deciding the objection with regard to jurisdiction of the court which concerns the bar of limitation as a preliminary issue.36. ..... thus, with the intention to put the aforesaid practice to rest, the state legislature introduced section 9a by the amendment act of 1969 requiring the court to decide the issue of jurisdiction at the time of granting or vacating the interim relief. ..... section 97 of the amendment act of 1976 inter alia provided that any amendment made in the code by the state legislature before commencement of the amendment act of 1976 shall, except insofar as they are consistent with the code as amended by the amendment act, 1976 shall stand repealed. ..... after section 9a of maharashtra amendment act stood repealed by section 97 of the cpc amendment act of 1976 being inconsistent with the code, the state legislature of maharashtra felt that certain amendments made by the earlier state amendment acts were useful and required to be continued. ..... siemens atkeingesellschaft, 2007 (4) scc451 this court considering the similar question under the arbitration and conciliation act held as under:-"7. ..... siemens atkeingesellschaft, (2007) 4 scc451 official trustee vs. ..... siemens atkeingesellschaft, (2007) 4 scc451 17. dr. a.m. .....

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Jul 04 2014 (HC)

Dr.Sindhu K. Rajan Vs. Dr.Ajith M.

Court : Kerala

..... dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed ..... the first proposition is that although irretrievable break down of marriage is not one of the grounds indicated whether under section 13 or 13-b of the hindu marriage act, 1955, for grant of divorce, the said doctrine can be applied to a proceeding under either of the said two provisions only where the proceedings are before the ..... (1) of section 13b of the act is applicable to marriages solemnised before or after commencement of the amendment to the act by act 68 of 1976 (w.e.f. ..... in this case is whether the family court can waive the period of six months prescribed in section 13b(2) of the act and allow the parties to make the motion before expiry of the said period. ..... and on being satisfied that the grounds mentioned in sub-section (1) of section 13b of the act continued even on that date and the averments in the petition are true, then the court shall op(fc) no.309/2014 6 pass a decree declaring the marriage to be dissolved with effect from the date ..... kajal kumar ghosh (2007) 2 scc220 rishikesh ..... jaya ghosh ((2007) 4 scc511 satish ..... saroj sharma (2007) 2 scc263 samar .....

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