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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

..... 8386/2003. 82. the case of the respondent manoj kumar shukla is that he was appointed on the post of store keeper as an apprentice under the apprentices act, 1961 with effect from 10.10.1988. his services were terminated on 9.10.1989. it is alleged that no examination of national ..... by the labour court holding that since the contract of apprenticeship was entered in to between the parties and the incumbent was appointed as an apprentice under the apprentices act, 1961 and his contract was not sent for registration to the apprenticeship adviser that will not change the character of the incumbent. hence, ..... civil and he further admitted that no contract was registered. from the fact that the incumbent himself had admitted that he was undergoing training as apprentice under the apprentices act, 1961, therefore, after expiry of the period of one year, he cannot claim himself to be workman and more so, when his services ..... dispute has been raised in 1997. more so in view of the legal position as mentioned above that the incumbent having been appointed as apprentice under the apprentices act, cannot be treated as a workman and consequently the award given by the labour court on 9.11.1998 and affirmed by the ..... employer in their affidavit in opposition before the labour court. however, in view of the fact that the incumbent was appointed as an apprentice under the apprentices act, 1961 in a designated trade of boiler attendant and that he is not a workman and he is not entitled to the benefit of .....

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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

..... was three years from the date of joining and that the said period of three years expired in january/february, 1981. but under section 7 of the apprentices act it is laid down that the contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. provision with regard to the period of apprenticeship ..... apprenticeship training in its establishment nor shall it be obligatory on the part of the apprentice to accept an employment under the employer. under the apprentices act and the apprentices rules, 1963 framed under the apprentices act (here in after referred to as 'the apprentices rules'), an apprentice is required to pass the test conducted by the national council for training in vocational ..... industrial disputes and for certain other purposes mentioned therein. this would imply that in view of section 18 of the apprentices act, provisions of the industrial disputes act would not apply to the persons who are apprentices under the apprentices act. it would thus appear that there is apparent conflict between the provisions of section 2(s) of the industrial disputes ..... , one cannot lose sight of the provisions contained in section 18 of the apprentices act. the provisions of section 2(s) of the industrial disputes act were substituted by the industrial disputes (amendment) act, 1956. the apprentices act was enacted by parliament thereafter. in section 18 of the apprentices act, it has been expressly laid down that save as other wise provided in .....

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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

..... before dealing with this aspect of the matter it is necessary for this court to consider as to what the word 'apprentice' or 'apprentices training' means under the provisions of the apprentices act. in subsection (aa) of section 2 of the apprentices act, apprentice has been defined to mean a person who is undergoing apprenticeship training in pursuance of the contract of apprenticeship. sub-section ( ..... we have to say anything more on this aspect of the case of the petitioner.' 19. it was further submitted by sri rawat that under section 2(e) of the apprentices act, 1961, designated trade has been defined to mean: 'any trade or occupation or any subject, field in engineering or technology which the central government, after consultation with the ..... it has been vehemently argued by the counsel of the respondents that the petitioners cannot resile from taking a stand that they were not appointed as apprentices under the provisions of apprentices act, 1961. mr. rawat, on the other hand, contended that first of all it has to be seen whether the petitioners have fulfilled the condition as contained in ..... and settlement of industrial disputes and for certain other purposes mentioned therein. this would imply that in view of section 18 of the apprentices act, provisions of industrial disputes act would not apply to the persons who are 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 .....

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May 03 2003

State of Gujarat Vs. Chauhan Ramjibhai Karsanbhai

  • Decided on : 03-May-2003

Court : Gujarat

Reported in : [2004(102)FLR347]; (2004)1GLR885

..... the ground that the 8th standard examination pass of the old course is not equivalent to 8th standard examination pass of the new course. section 18 of the apprentices act states that : 'every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker and the provisions of any law with respect to labour shall ..... court, one application was submitted by the workman demanding certain documents from the petitioner vide exh.8 stating that if agreement in respect between the parties, if registered under the apprentices act, then that registration is required to be produced by the petitioner. the labour court has passed the order with direction to the petitioner to produce registration of the said agreement ..... was not registered one, he was workman and therefore, his submission is, the labour court has committed error in considering the fact that the workman was not appointed under the apprentices act but he was considered to be workman employed by the petitioner.5. learned advocate ms. sejal k. manadavia appearing on behalf of the respondent workman has submitted that before the ..... terminated considering the provisions and in terms of the contact and thus, the workman was not appointed on permanent basis but he was appointed as per the provisions of the apprentices act, 1961. it is also contended that as per the item no.10 of the agreement, the petitioner has not given any assurance to the respondent workman to absorb the .....

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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

..... and 3).7. the tribunal, on consideration of the materials on record, came to hold that ' . . . the applicants (present respondents 2 and 3) were selected for training as apprentices under the apprentices act, 1961 in central workshop, southern railway and allotted to madurai division for training, as per the terms of workshop personnel officer/goc, ponmalai, letter dated 23.4.1991. they ..... 2. the facts giving rise to the present writ petition are required to be noticed in some detail. the present respondents 2 and 3 were selected for training as apprentices under the apprentices act, 1961 and under letter dated 23.4.1991, they were directed to undergo shed floor training in the open line establishment workshops for a period of 3 years. ..... conduct evinced by both the parties, even though no formal contract in the prescribed proforma had been signed. section 4 deals with contract of apprenticeship. section 4(5) of the apprentices act is to the following effect:-' 4. contract of apprenticeship- (1) to (4) . . .(5) the apprenticeship adviser shall not register a contract of apprenticeship unless he is satisfied that ..... by the learned counsel for the railways.'the tribunal further observed that it cannot also give a declaration that the applicants were deemed to have completed the training under the apprentices act. after coming to the aforesaid conclusion, the tribunal observed :'25. we have already stated that because of the negligence by the railways, the applicants have not entered into .....

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Feb 10 2009

Employees' State Insurance Corporation Vs. Arvind Mills Ltd.

  • Decided on : 10-Feb-2009

Court : Gujarat

Reported in : [2009(121)FLR1015]; (2009)1GLR834; (2009)IVLLJ198Guj

..... or with the purchase of raw materials for, or the distribution or sale of the products of the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no. lii of 1961), or under the standing orders of the establishment.section 2(22) 'wages' means all remuneration paid or payable in cash to ..... thereof or with the purchase of raw materials for, or the distribution or sale of products of the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no. lii of 1961), or under the standing orders of the establishment; but does not include'.5.1. the contention raised by appellant before e ..... context otherwise requires'. after considering the evidence on record and after considering the judgments of different high court and supreme court, the court below came to the conclusion that apprentice under the apprentice act or under the standing orders are not included within the definition of 'workmen' and their stipend or training expenses are not included within the meaning of 'wages', ..... also that these learners are there as per the provisions of the standing orders settled by award of industrial court. as per the submissions of mr. amarnani, the apprentices engaged under the apprentices act, 1961 are only excluded in the definition of 'employee' but after the definition is looked into, it is very clear in the inclusion proviso that 'any person .....

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Apr 02 1998

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

  • Decided on : 02-Apr-1998

Court : Patna

..... been registered by the apprenticeship adviser, the question of their cancellation by him does not arise. 15. that apart, in view of me provisions of section 7(3) of the apprentices act the apprenticeship adviser can terminate the contract only if he is satisfied 'that the parties to the contract or any of them have or has failed to carry out the ..... special reference to the weaker categories of employees coming within the definition of workmen. therefore, with reference to industrial disputes between employers and workmen, the i.d.act is a special statute ......'. the apprentice act does not deal with the investigation and settlement of industrial disputes between the employer and the workmen. therefore, so far as the settlement of the industrial disputes is ..... his guardian shall refund to the employer as cost of training such amount as may be determined by the apprenticeship adviser.' 14. section 4(4) of the apprentice act casts a duty on the employer to send the apprenticeship contract to the apprenticeship adviser for registration. there is nothing on the record to indicate as to why the apprenticeship ..... whether he is or is not a workman. 10. the submission of the learned counsel for the respondents to the effect that the apprentice act being the special later law as regards apprentices, will prevail over the earlier i.d.act, which is a general law, cannot be accepted for two reasons, namely, (i) such a question can arise only when there is a .....

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Oct 13 2005

Superintending Engineer and Anr. Vs. Dattatraya Mahadeo Badarkhe and O ...

  • Decided on : 13-Oct-2005

Court : Mumbai

Reported in : 2006(2)ALLMR193; 2006(2)MhLj349

..... the industrial court has recorded a finding in the process of delivering the impugned order though no such arguments were advanced.5. section 18 of the apprentice act, states that except as otherwise provided in apprentice act, 1961, every apprentice undergoing the apprenticeship training in a designated trade in a establishment shall be a trainee and not workman. it further provides that the provisions of ..... apparent that the learned member of the industrial court has not considered these ingredients at all. in this background when provisions of section 18 of the apprentice act, are considered the said section clearly states that apprentice undergoing apprentice training is not a worker and sub-clause (h) of section 18 further puts its beyond doubt by providing that any law with respect to ..... the learned single judge of rajasthan high court has in paragraph nos. 12 and 13 found that the apprentice act, 1961 does not cover all types of apprentices and it is only applicable to persons who undergo the apprentice training in pursuance of a contract of apprentice act, executed under section 4 thereof. in this view of the matter, in para no. 13 it is clarified ..... has found that admittedly no compensation was paid to the revision applicants before it from 15-5-1980 to 7-4-1982. it has not considered either the provisions of apprentice act, or the above mentioned law while arriving at the said finding. it is to be noted that provisions of section 2(s) of the industrial disputes .....

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Oct 20 2008

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

  • Decided on : 20-Oct-2008

Court : Mumbai

Reported in : 2009(3)BomCR873

..... conflict between the two laws can be resolved by applying the principle of harmonious construction. the apprentices act is not an exhaustive act to cover all types of apprentices because in view of the definition of term 'apprentice' as contained in section 2(aa) of the apprentices act, it is applicable only to persons who are undergoing apprenticeship training in pursuance of the contract of ..... 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 is not to be treated as a workman and the ..... , which is prior and general law. it was contended that in the said case, the controversy was that under the apprentices act, 1961, an apprentice was not a workman whereas under the industrial disputes act, 1947, an apprentice is a workman. this conflict was resolved by the apex court by confirming the decision of the rajasthan high court where it has been ..... 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 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 .....

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May 26 2005

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

  • Decided on : 26-May-2005

Court : Allahabad

Reported in : 2005(2)ESC1547

..... is an implied term of employment is a mixed question of fact and law and not a pure question of fact.50. the definitions of apprenticeship and apprentice trainee in the apprentices act are of no relevance as admittedly there was no contract of apprenticeship executed between the parties in the prescribed proforma laying down the terms and conditions for receiving ..... of employment. there is well established distinction between contract for service and contract of service and also a contract of training or apprenticeship as used in context to the apprentices act, 1961. mere existence of contract to employ does not constitute a relationship of master and servant until the contract is performed and the person is actually employed. the expression ..... an employee during the period of training prior to absorption in service will be included for the purpose of payment of gratuity except those other than act apprentices.63. the respondents were not employed as apprentice under the apprentices act 1961 and, therefore, their entitlement to gratuity would hot be ineffective in view of clause 4.2 of the voluntary separation even though ..... register the contract with the apprenticeship advisor.34. it is admittedly not the case of any of the parties that the concerned persons were apprentice under the apprentices act 1961 or that any contract under the said act was executed with the apprenticeship advisor. hence, the ratio laid down therein is not applicable to the facts of the instant cases.analysis of .....

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