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october 2004

Supreme Court of India · 2004-10-01

U.P. STATE ELECTRICITY BOARD vs SHIV MOHAN SINGH

Citation / case number
SC 2002/23450
Court
Supreme Court of India
Petitioner
U.P. STATE ELECTRICITY BOARD
Respondent
SHIV MOHAN SINGH
Author
S.B. SINHA
Bench
S.B. SINHA

Judgment text excerpt

The Supreme Court held that an apprentice, as defined under Section 2(aa) of the Apprentices Act, 1961, does not qualify as a 'workman' under Section 2(z) of the U.P. Industrial Disputes Act, 1947, and thus is not entitled to the benefits of various labor laws. The Court emphasized that the Apprentices Act is a special law that prevails over the general provisions of the U.P. Industrial Disputes Act, following the principle of 'generalia specialibus non derogant'. Consequently, the appeal was dismissed, affirming that apprentices are trainees and not workers under the labor laws.

U.P. STATE ELECTRICITY BOARD vs SHIV MOHAN SINGH · Niyam