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Judgment Search Results Home  Phrase:apprentices act

Oct 01 2004

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

  • Decided on : 01-Oct-2004

Court : Supreme Court of India

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

... Act and Section 18 of the Apprentices Act inasmuch as Section 2(s) postulates that an apprentice is a workman to whom the provisions of Industrial Disputes Act would be applicable whereas Section 18 of the Apprentices Act declares that an apprentice governed by the Apprentices Act is not to be treated as a workman and the provisions of the Industrial Disputes Act ... Act would not be applicable to him. There is apparent conflict between the provisions of Section 2(s) Industrial Disputes Act and Section 18 of the Apprentices Act inasmuch as Section 2(s) postulates that an apprentice is a workman to whom the provisions of Industrial Disputes Act would be applicable whereas Section 18 of the Apprentices Act declares that an apprentice governed by the Apprentices Act ... Act, 1947 and Section 2(s) of the Industrial Disputes Act, 1947. Both the definitions includes apprentice. But the expression appearing in Section 2 (z) of the U.P Industrial Disputes Act and Industrial Disputes Act 1947 are not applicable to the apprentices appointed under the Apprentices Act, 1961. The Apprentices Act is a code in itself and it clearly stipulates that in Section 2(aa) apprentice ...

May 20 1985

Hanuman Prasad Choudhary and Ors. Vs. Rajasthan State Electricity Boar ...

  • Decided on : 20-May-1985

Court : Rajasthan

Reported in : 1985(2)WLN219

... Apprentices Act was enacted in 1961. Section 2(s) of the Industrial Disputes Act is thus prior to the general law and Section 18 of the Apprentices Act is a subsequent particular law. The provisions of Section 18 of the Apprentices Act will, therefore, prevail over the provisions contained in Section 2(s) of the Industrial Disputes Act relating to apprentices and an apprentice governed by the Apprentices Act ... Apprentices Act. It would thus appear that there is apparent conflict between the provisions of Section 2(s) of the Industrial Disputes Act and Section 18 of the Apprentices Act in as much as Section 2(s) postulates that an apprentice is a workman to whom the provisions of the Industrial Disputes Act would be applicable whereas Section 18 of the Apprentices Act declares that an apprentice governed by the Apprentices Act ... Apprentices Act, an apprentice governed by the Apprentices Act is to be treated as a workman under Section 2(s) of the Industrial Disputes Act. It must, therefore, be concluded that an apprentice governed by the Apprentice Act is not a workman for the purpose of the Industrial Disputes Act and the provisions of the Industrial Disputes Act ...

Sep 27 1991

Karuna Shankar Tripathi Vs. State of U.P. and Ors.

  • Decided on : 27-Sep-1991

Court : Allahabad

Reported in : [1992(65)FLR203]; (1995)IIILLJ60All

... apprentices under the Apprentices Act, it would thus appear that mere is apparent conflict between the provisions of Section 2(s) of the Industrial Disputes Act and Section 18 of the Apprentices Act inasmuch as Section 2(s) postulates that an apprentice is a workman to whom the provisions of Industrial Disputes Act would be applicable whereas Section 18 of the Apprentices Act declares that an apprentice governed by the Apprentices Act ... Apprentice Act was enacted in 1961. Section 2(s) of the Industrial Disputes Act is thus the prior general law and Section 18 of the Apprentices Act is a subsequent, particular law. The provisions of Section 18 of the Apprentices Act will, therefore, prevail over the provisions contained in Section 2(s) of the Industrial Disputes Act relating to apprentices and an apprentice governed by the Apprentice Act ... Act and Section 18 of the Apprentices Act inasmuch as Section 2(s) postulates that an apprentice is a workman to whom the provisions of Industrial Disputes Act would be applicable whereas Section 18 of the Apprentices Act declares that an apprentice governed by the Apprentices Act is not to be treated as a workman and the provisions of the Industrial Disputes Act ...

Apr 02 1998

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

  • Decided on : 02-Apr-1998

Court : Patna

... Act will prevail over the Apprentice Act. If the employer takes the kind of work mentioned in Section 2(s) of the I.D.Act from the apprentice, the dispute between them has to be settled under and in accordance with the said Act. But if the apprentice does not perform such work, the I.D.Act will not apply to him. The line of demarcation between the apprentice ... between the provisions of the two Acts. The purposes and objects of two Acts are different and they operate in different fields. The Apprentice Act has been enacted in order to regulate and control the training of apprentices and to provide for matters connected therewith. As regard the scope of the Apprentice Act and the nature of job of the apprentices, the Supreme Court in The ... I.D.Act, he is a workman to whom the said Act will apply. 6. Section 2(aa) of the Apprentice Act, 1961, defines the 'apprentice' as under:- '2(aa) 'apprentice' means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.' Section 3 of the said Act has laid down the eligibility qualifications for being engaged as an apprentice. Section 4 ... governed by the Apprentice Act and the I.D.Act cannot be applied to them. But if an apprentice does 'any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward', he will be a workman to whom I.D. Act will apply and, therefore, will not be governed by the Apprentice Act, even if he was enrolled as an apprentice trainee. It ...

Dec 16 2004

Virender Singh Vs. Haryana Tourism Corporation Ltd., through The Manag ...

  • Decided on : 16-Dec-2004

Court : Punjab and Haryana

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

... Apprentice Act, 1961 is not applicable qua the petitioner as per the provisions of the Apprentice Act, 1961 no agreement has been signed or registered with the Apprentice Institute of Kanpur and it is only in such circumstances that the apprentice training is governed under the provisions of Apprentice Act, 1961. Even otherwise, under Section 22 of the Apprentice Act ... Apprentices Act. In that view of the matter, it can be said that for the purposes of Section 2(s) of the Industrial Disputes Act a person who is designated as Apprentice but is not governed by the Apprentices Act would be a workman governed by the provisions of the Industrial Disputes Act. But an apprentice who is governed by the provisions of the Apprentices Act ... Act a person who is designated as Apprentice but is not governed by the Apprentices Act would be a workman governed by the provisions of the Industrial Disputes Act. But an apprentice who is governed by the provisions of the Apprentices Act would not be a workman under Section 2(s) of the Industrial Disputes Act and would be governed by the provisions of the Industrial Disputes Act ...

May 26 2005

Chairman-cum-Managing Director, Fertilizer Corporation of India Limite ...

  • Decided on : 26-May-2005

Court : Allahabad

Reported in : 2005(2)ESC1547

... Apprentices Act, 1961.Apprentice in an industrial establishment are of two distinct classes, i.e.,(i) apprentices who are learners in a designated trade under a contract of apprenticeship executed under the Apprentices Act 1961. They are not workmen under Section 18 of the Act and Labour Laws are not applicable to them(ii) apprentices who are not under apprenticeship training under the Apprentices Act ... Act' is concerned, suffice it to say that apprentices have been excluded from the definition of 'employee' in the Payment of Gratuity Act. The definition does not make any distinction between different types of apprentices whether he be an apprentice under the Apprentices Act, 1961 or an apprentice being given training in an industrial establishment, not under the aforesaid Act ... apprentice is an 'employee' within the definition under the Payment of Gratuity Act' is concerned, suffice it to say that apprentices have been excluded from the definition of 'employee' in the Payment of Gratuity Act. The definition does not make any distinction between different types of apprentices whether he be an apprentice under the Apprentices Act, 1961 or an apprentice ...

Feb 24 2005

Krishan Kanhaiya Tanwar And Ors. Vs. Union Of India (Uoi) And Ors.

  • Decided on : 24-Feb-2005

Court : Central Administrative Tribunal (CAT) - Jodhpur

Reported in : (2006)(1)SLJ14CAT

... had proposed for engagement of fresh face substitute from amongst Course Completed Act Apprentice in Railway Establishment. The R/Bd. have clarified the position but the words 'Course Completed Act Apprentice' have only been used. The same contains the qualifying words that Course Completed Act Apprentices can be engaged as 'substitutes' in Group 'D' under G.M.' s ... Completed Act Apprentices in Railway Establishment are only to be given preference over other apprentices and nothing more. The preference only extended when other things are equal i.e. in case the candidates have got the same merits, the Course Completed Act Apprentice are to be preferred and that does not mean that the such Course Completed Act Apprentice ... from amongst the Course Completed Act Apprentice trained in Railway establishments. Once the posts are filled in, the applicants in particular and other Course Completed Act Apprentices trained in other than Railway establishments in general shall be deprived from the race of employment. There is no distinguishing feature in the Course Completed Act Apprentice trained in Railway ... 'Course Completed Act Apprentice' have only been used. The same contains the qualifying words that Course Completed Act Apprentices can be engaged as 'substitutes' in Group 'D' under G.M.' s power in administrative exigencies subject to their fulfillment extant instructions prescribed for such engagements. The instructions do not envisage that the Course Completed Act Apprentices from ...

Mar 18 1993

Tannery and Footwear Corporation of India Ltd. Vs. Labour Court and Or ...

  • Decided on : 18-Mar-1993

Court : Allahabad

Reported in : (1994)IILLJ1186All

... apprentice, but such workers necessarily do not become apprentices under the Act of 1961.11. An apprentice appointed under the Act of 1961 would not become apprentice for the purpose of Section 2(s) of the Industrial Disputes Act. In fact there is no conflict between Section 18 of the Apprentices Act and Section 2(s) of the Industrial Disputes Act. Under the two statutes the expression 'apprentice ... Apprentices Act of 1961.10. On consideration of the material and the law applicable to the subject it is to be held that the respondent was an apprentice under the Act of 1961. He was governed by Section 18 of the said Act and had not become a workman under the Industrial Disputes Act. The Industrial Disputes Act would include apprentice ... apprentice for the purpose of Section 2(s) of the Industrial Disputes Act. In fact there is no conflict between Section 18 of the Apprentices Act and Section 2(s) of the Industrial Disputes Act. Under the two statutes the expression 'apprentice' is used with a different connotation and meaning.12. The respondent No. 2 admittedly was enrolled as an apprentice under the Act ...

Aug 26 2004

Union of India (UOI), rep. by the Chief Personnel Officer, Southern Ra ...

  • Decided on : 26-Aug-2004

Court : Chennai

Reported in : (2004)2MLJ260

... in this regard. For the purpose of absorption, their seniority among the Act Apprentices as per Act shall be reckoned deeming the date of completion of training as 17.11.1994. . . .'3. It is to be noted that the Regional Director, Regional Directorate Apprentices Training, who is the authority under the Apprentices Act, was not a party in the aforesaid O.A. After the ... and 3 have successfully completed the training. As per the Apprentices Act, 1961, such apprentices are required to undergo a test to be held by the competent authority under the Apprentices Act and in the absence of such test, no certificate can be given as they have not completed the training under the Act. The concern shown by the Tribunal to the effect that ... Manual meant for Act Apprentices or for serving employees with due seniority as directed by this Hon'ble Tribunal in O.A. No. 547 of 1994.or in the alternative(ii) direct the respondents to register the applicants' contracts under the Apprentices Act, 1961 with effect from 23.4.91 and allow them to complete the training and qualify as Act Apprentices with due ... Apprentices Training, who is the authority under the Apprentices Act, was not a party in the aforesaid O.A. After the order was passed, certain correspondences between the present writ petitioners and the present Respondent No. 4, The Regional Directorate of Apprentices Training, went on. It was discovered that, since contract of Respondents 2 and 3 as envisaged under Section 4 of the Apprentices Act ...

Dec 21 1994

Chittaranjan Das Vs. Durgapore Project Ltd. and Ors.

  • Decided on : 21-Dec-1994

Court : Kolkata

Reported in : 99CWN897,(1996)IIILLJ188Cal

... Apprentices Act was enacted in 1961. Section 2(s) of the Industrial Disputes Act is the prior general law and Section 18 of the Apprentices Act Is a subsequent particular law, The provisions of Section 18 of the Apprentices Act will, therefore, prevail over the provisions contained in Section 2(s) of the Industrial Disputes Act relating to apprentices and an apprentice governed by the Apprentices Act ... apprentice under the Apprentices Act. In that viewof the matter, it can be said that for the purpose of Section 2(s) of the Industrial Disputes Act a person who is designated as apprentice but is not governed by the Apprentices Act would be a workman governed bythe provisions of Industrial Disputes Act. Butan apprentice who is governed by the provisions of the Apprentices Act ... Act was enacted in 1956 whereas the Apprentices Act was enacted in 1961. Section 2(s) of the Industrial Disputes Act is the prior general law and Section 18 of the Apprentices Act Is a subsequent particular law, The provisions of Section 18 of the Apprentices Act will, therefore, prevail over the provisions contained in Section 2(s) of the Industrial Disputes Act relating to apprentices and an apprentice ...

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