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Andhra Pradesh State Trade Federation vs Commissioner Of Labour And Anr. on 15 March, 1991

13.I am in agreement with the observation of the Honourable Division Bench of the Andhra Pradesh High Court in A.P.State Trade Federation v. Commissioner of Labour and another (1992) LAB.I.C.158 when it informs "11.A plain reading of the definition in S.2(h) shows that though a person may be a 'motor transport worker' falling under the main part of the definition, he will be taken out of the purview of the said expression if he is a person to whom the provisions of any law relating to Shops and Establishment which regulates the conditions of service of persons employed therein apply. Therefore, if the driver of the private carrier employed by the owner thereof is governed by the provisions of the Shops Act, the said worker cannot obviously be treated as a 'motor transport worker'. In such an event, even if the undertaking was a 'private carrier' operated by a transport worker and therefore becomes a 'motor transport undertaking' as defined in S.2(g), the Act will not, as stated in S.1(4) apply, because the second condition stated above is not satisfied.
Andhra HC (Pre-Telangana) Cites 21 - Cited by 6 - Full Document
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