Court : Andhra Pradesh
Decided on : Jul-03-2015
..... or sale of the products of the factory or establishment (2)[or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no.52 of 1961),(3)[and includes such person engaged as apprentice whose training period is extended to any length of time]. but does not include-].]. ..... and need not be taken into consideration. in other words, for our purpose, person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no.52 of 1961) or under the standing orders of the establishment, is relevant.11. section 2(22) defines wages. a glance at this definition ..... and destroy the compulsive character introduced by the legislation.28. hence, the question referred is answered in the negative declaring that the statutory obligations/rights under esi act cannot be contracted out by the employer and the employee/union and such contracts are void and unenforceable. ___________________ dilip b.bhosale, acj ______________ k.c. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-13-2015
..... to prevent challenge on the ground that the decision is ultra vires and being a complete nullity, it is not a decision within the meaning of the act. the concept of jurisdiction has acquired "new dimensions". the original or pure theory of jurisdiction means, "the authority to decide", and it is determinable ..... the decision rendered ultra-vires or a nullity or one without jurisdiction? if the decision is without jurisdiction, notwithstanding the provisions for obtaining reliefs contained in the act and the "ouster clauses", the jurisdiction of the ordinary court is not excluded. so, the matter assumes significance. since the landmark decision in anisminic ltd. ..... divisional officer, secunderabad, filed l.g.c. no.10 of 1990 against the present writ petitioner under the andhra pradesh land grabbing (prohibition) act, 1982 (for short, the act') alleging that the writ petitioner unauthorisedly occupied an extent of 1692 square yards in sy.no.43 of bholakpur village, secunderabad and constructed a .....
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