Skip to content

Filter by :

Search Results Judgments > Act:Apprentices Act

Oct 08 1975

The Employees' State Insurance Corporation and Anr. Vs. The Tata Engin ...

  • Decided on : 08-Oct-1975

Court : Supreme Court of India

Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)

... the essence of the said legislation. This Act was repealed by Section 38 of the Apprentices Act, 1951. The object of 1961 Act is to provide for the regulation and control of training of Apprentices in trades and for matters connected therewith. By the definition clause under this Act, namely, Section 2(a) 'apprentice' means a person who is undergoing ... Act. 12. Incidentally to my note that Section 18 of the Apprentices Act, 1961, provides that-save as otherwise provided in this Act, every apprentice under going apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker.13. The concept of apprenticeship is, therefore, fairly known and has now been clearly recognised in the Apprentices Act ... Apprentices Act, 1951. The object of 1961 Act is to provide for the regulation and control of training of Apprentices in trades and for matters connected therewith. By the definition clause under this Act, namely, Section 2(a) 'apprentice' means a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship. 'It is, therefore, inherent in the word 'apprentice ... regular employees. We are, therefore, unable to hold that the apprentice is an employee within the meaning of Section 2(9) of the Act. 12. Incidentally to my note that Section 18 of the Apprentices Act, 1961, provides that-save as otherwise provided in this Act, every apprentice under going apprenticeship training in a designated trade in an ...

Sep 26 2002

U.P. State Electricity Board Vs. Presiding Officer, Labour Court III a ...

  • Decided on : 26-Sep-2002

Court : Allahabad

Reported in : (2003)IIILLJ88All

... covered by the definition of 'Apprentice' as given in Section 2(aa) of the Apprentices Act or Section 2(a) of the U.P. Industrial Disputes Act, 1947, or would be a workman under Section 2(z) of the U.P. Industrial Disputes Act. The relevant provisions of the Acts and Rules, which need consideration, are as under:Apprentices Act, 1961:2(aa). 'apprentice' means a person who ... any such agreement registered as required under the Apprenticeship Act, and as such the respondent No. 2 could not be treated as an apprentice under the said Act. In my view the said finding appears to be justified, as the definition of apprentice as given in Section 2(aa) of the Apprentices Act, 1961 itself-requires that apprentice would be a person who undergoes training in ... not be treated as an apprentice under the said Act. In my view the said finding appears to be justified, as the definition of apprentice as given in Section 2(aa) of the Apprentices Act, 1961 itself-requires that apprentice would be a person who undergoes training in pursuance of the contact of apprenticeship. Further Section 4(4) of the said Act also requires that every ... under the Apprentices Act; as such the respondent No. 2 could not be treated as an 'apprentice' as defined in the Apprentices Act, 1961. Further, the Labour Court also held that the petitioner failed to show any scheme approved by the State Government under which an apprentice could be employed for training; as such he could not also be said to be an apprentice under ...

Nov 24 1997

U.P. State Electricity Board and Anr. Vs. Presiding Officer, Labour Co ...

  • Decided on : 24-Nov-1997

Court : Allahabad

Reported in : (1998)1UPLBEC152

... Apprentices Act, 1961. He admitted that he was asked to fill a form. The from seems to refer to the contract of apprenticeship, referred to in Section 4 of the Act and Rule 4-B of the Apprentices Rules, 1962 (hereinafter referred to as 'the Rules'). Under Section 4(1) of the Act, no person shall be engaged as an apprentice ... was employed by the General Manager, Kesa at the river side Power House, Kanpur, as a boiler attendant under the Apprentices Act, 1961 (hereinafter referred to as 'the Act') from 9th March, 1982 to 8th March, 1985 and his services were terminated with effect from 9th March, 1985. ... held that a person cannot be treated as an Apprentice under the Act till the requisite from prescribed under the Act is got filled and the same is got registered with the Apprenticeship Advisor and unless the apprentice is imparted training in accordance with the prescribed syllabus and ... Act then it is punishable under Section 31 with fine. Thus, the Apprenticeship Act, 1961 along with the Rules framed thereunder is a complete Code within which the rights and liabilities of the employer and the apprentice have to be determined.14. In this case, admittedly, the respondents No. 2 was engaged as an apprentice boiler attendant under the Act ... , however, according to the case of the respondent No. 2 himself, he was engaged as an apprentice under the Act and the contract was required to be registered under the Act. Thus, it is a case in which both the parties admit that there was between them ...

May 12 1999

Babulal S/o. Heera Lal Vs. Rajasthan State Road Transport Corporation

  • Decided on : 12-May-1999

Court : Rajasthan

Reported in : (1999)IILLJ1076Raj

... Disputes Act and that consequently, the first respondent could not have terminated the petitioner's services without complying with the provisions of Section 25-F of the Industrial Disputes Act. The petitioner did not acquire the status of a workman. He continued to be an apprentice. The word 'apprentice' has been defined under Section 2(aa) of the Apprentices Act. 'Apprentice' ... -9 are the certificates of registration issued from the office of the Joint Director of Technical Education and Joint State Apprentice Advisor, Rajasthan registered under the Apprentice Act. These certificates also show that the petitioners were only apprentices and period of apprenticeship training was for one year and that period was completed on January 9, 1992, January 28, ... 'A person may be appointed as trainee by the Corporation on his signing an agreement under the Apprentices Act, 1961 (for short the Act) and deputed for training with a view to employment in the Corporation. During; the period of training, the apprentice shall be paid an allowance as may be determined by the Corporation from time to time ... apprenticeship executed which clearly shew that the petitioners were the apprentices and joined for training for a period of one year. In the said contract it is clearly stated that the petitioners and their sureties solemnly declare that they have read the Apprentices Act, 1961 and the Apprentices Training Rules, 1962 regarding contract of apprenticeship training including obligations ...

Jan 12 1995

Uttar Pradesh State Road Transport Corporation and another Vs. Uttar P ...

  • Decided on : 12-Jan-1995

Court : Supreme Court of India

Reported in : AIR1995SC1115; [1995(70)FLR890]; JT1995(2)SC26; 1995LabIC1361; (1995)IILLJ854SC; 1995(1)SCALE127; (1995)2SCC1a; [1995]1SCR204; (1995)1UPLBEC320

... the objects behind the enactment of Apprentices Act, 1961 (for short, 'the Act') and its main provisions along with what has been stated in the Apprenticeship Rules, 1991 ('the Rule') be noted. The need for the Act was felt, as mentioned in the Statement of the Objects and Reasons, to ensure that the training of apprentices is streamlined in the back drop ... to the apprentice, which aspect is relevant as already alluded, and which we proposed to buttress further.3. Before doing so, left the objects behind the enactment of Apprentices Act, 1961 (for short, 'the Act') and its main provisions along with what has been stated in the Apprenticeship Rules, 1991 ('the Rule') be noted. The need for the Act was felt, ... Act was felt, as mentioned in the Statement of the Objects and Reasons, to ensure that the training of apprentices is streamlined in the back drop of increasing demand for skilled craftsman in the wake of large scale industrial development of the country. The Act, therefore, proposed to provide for the regulation and control of training of apprentices. The amendment of the Act ... apprentice shall be governed by the rule and regulations applicable to employees of the corresponding category in the establishment in which the apprentice is undergoing training. Section 16 requires payment to the apprentice in case of injury due to accident arising out of and in the course of training, in accordance with the provision of the Workmen Compensation Act, 1924, as modified by the Act ...

Jul 14 2003

U.P. State Electricity Board and Anr. Vs. Presiding Officer, Labour Co ...

  • Decided on : 14-Jul-2003

Court : Allahabad

Reported in : (2003)3UPLBEC1983

... of the Apprentices Act and the benefit of the Apprentices Act can be conferred on a person only if he is registered under the provisions of the Apprentices Act.4. In reply thereto, Sri Tarun Agarwal, learned Counsel appearing for the petitioner-employer has invited my attention to the application filed by workman concerned himself wherein he has applied to be engaged as Apprentice ... concerned cannot be treated to be an Apprentice because of non-compliance of the provisions of the Apprentices Act. Therefore, he is nothing but as workman under the provisions of the U.P. Industrial Act. Sri Tarun Agarwal has submitted that as far as employer is concerned, it has complied with the entire provisions of the Apprentices Act so far it requires on ... U.P. Industrial Act. Sri Tarun Agarwal has submitted that as far as employer is concerned, it has complied with the entire provisions of the Apprentices Act so far it requires on behalf of the employer concerned, it has also submitted requisite papers for registration to the authorities. If the authorities under the Apprentices Act did not register the workman as Apprentice, there ... Apprentices Act, 1961 cannot claim the benefit of the workman as stated under the U.P. Industrial Disputes Act, 1947 but in the present case, on the facts the Labour Court recorded a finding that on the facts and circumstances of the case, the workman cannot be said to have been enrolled as Apprentice because of non-compliance of the provisions of the Apprentices Act ...

Feb 22 2000

Premier Polytronics Ltd. Vs. Assistant Regional Director, Employees' S ...

  • Decided on : 22-Feb-2000

Court : Chennai

Reported in : [2001(90)FLR10]; (2001)ILLJ1293Mad

... apprentice, not being an apprentice under the Apprentices Act, 1961, or under the Standing Orders of establishment.10. It is not disputed that the question whether an individual designated as apprentice was an employee or not for the purpose of the applicability of the provisions of the Employees' State Insurance Act, the test is whether they are actually engaged as apprentices ... the employer wasadvised to comply with the provisions of theEmployees' State Insurance Act (hereinaftercalled 'the Act'). But even after the inspectionon February 27, 1984, and the subsequentclarification, the employees designated asapprentices who are not apprentices governedunder the Apprentices Act, 1961, were notcovered under the Act, and there was no properresponse from the employer. The employer'srepresentative who ... 2(9) of the Employees' State Insurance Act in contrast with the definition of 'apprentice' under Section 2(a) of the Apprentices Act, it was held that the apprentices were specifically excluded from the definition of an employee. Therefore, according to learned counsel, there was no scope to consider the apprentices as employees. 8. In Poly Clinic v. ... Act. In E.S.I, Corporation v. Tata Engineering and Locomotive Co. Ltd., : (1976)ILLJ81SC , the Supreme Court held that having regard to the definition of 'employee', Section 2(9) of the Employees' State Insurance Act in contrast with the definition of 'apprentice' under Section 2(a) of the Apprentices Act, it was held that the apprentices ...

Oct 03 2007

H. Ramappa S/o Hanumanthappa and Ors. Vs. The General Manager, Sri Yel ...

  • Decided on : 03-Oct-2007

Court : Karnataka

Reported in : [2008(117)FLR863]; (2008)IILLJ737Kant; 2007(4)KCCRSN301

... not always be an Apprentice. An Apprentice appointed pursuant to a contract in terms of the Apprentices Act, has no right to be appointed, whereas a person initially appointed as a trainee, just like a person appointed on probation, has a right to hold the post and seek confirmation. The appellants who are not appointed as Apprentices under the Apprentices Act, 1961, prior to ... in the submission of the learned Counsel. It is not the case of the employer that, the appellants were appointed as 'Apprentices' under the Apprentices Act, 1961. The term 'Apprentice' has been defined in Section 2(a) of the Apprentices Act, 1961, as to mean 'a person who is undergoing Apprenticeship training in the designated trade in pursuance to a contract of Apprenticeship ... it cannot be held that the appellants were Apprentices prior to the date of their confirmation in service by the employer. In our view, an Apprentice will necessarily be a trainee, but on the converse, a trainee need not always be an Apprentice. An Apprentice appointed pursuant to a contract in terms of the Apprentices Act, has no right to be appointed, whereas ... Apprentices Act, has no right to be appointed, whereas a person initially appointed as a trainee, just like a person appointed on probation, has a right to hold the post and seek confirmation. The appellants who are not appointed as Apprentices under the Apprentices Act, 1961, prior to the date of confirmation by the employer, cannot be termed by the employer as Apprentices ...

Jul 02 1992

J.K. Synthetics Ltd. Vs. State of Rajasthan and Ors.

  • Decided on : 02-Jul-1992

Court : Rajasthan

Reported in : (1994)ILLJ835Raj; 1992(2)WLC740; 1992(2)WLN557

... is that the respondent No. 1 to 3 Shri Raghuvir Singh, the worker was only engaged as an Apprentice under the Apprentice Act, 1961 (52 of (1961)) (for short 'Apprentices Act') and, therefore, is governed by the provisions of that Act and the provisions of the I.D. Act are not applicable and, therefore, a reference to the Labour Court, Kota is without jurisdiction and the ... was in fact appointed as an 'Apprentice' under the Apprentices Act, therefore, a dispute will not be an industrial dispute which could be subject of reference to the Judge, Labour Court. This Court in the case of Hanuman Prasad (supra) said that the 'Apprentice' appointed under the Apprentices Act is not a workman under Section 2(S) of the I.D. Act and therefore, cannot invoke ... I.D. Act.5. There can be hardly any dispute if the contesting respondent No. 3 was in fact appointed as an 'Apprentice' under the Apprentices Act, therefore, a dispute will not be an industrial dispute which could be subject of reference to the Judge, Labour Court. This Court in the case of Hanuman Prasad (supra) said that the 'Apprentice' appointed under the Apprentices Act is ... Disputes Act, 1947 (for short 'the I.D. Act) dated October 15, 1990 (Annex. 7) be quashed and be declared illegal.2. The main ground of challenge to the aforesaid order of reference is that the respondent No. 1 to 3 Shri Raghuvir Singh, the worker was only engaged as an Apprentice under the Apprentice Act, 1961 (52 of (1961)) (for short 'Apprentices Act') and, ...

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 ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //