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Therefore, now going back to the basic question that in the light of the aforesaid statutory provisions whether non- registration of the contract can render the contract void or illegal and what is the result thereof. From the scheme of things it is more than apparent that the Apprentices Act, 1961 is a complete code in itself and it lays down the conditions of the apprentices, what shall be their tenure, what shall be their terms and conditions and what are their obligations and what are the obligations of the employer. It also lays down that the apprentices are trainees and not workmen and if any dispute arises then the settlement has to be done by the Apprenticeship Adviser as per Section 20 of the Apprentices Act, 1961 and his decision thereof is final. Now, under the scheme of these things, it clearly shows that the nature and character of the apprentice is nothing but that of a trainee and he is supposed to enter into a contract and by virtue of that contract he is to serve for a fixed period on a fixed stipend. This will not change the character of the apprentice to that of a workman under the employer where he is undergoing the apprentice training. Sub-section (4) of Section 4 only lays down that such contract should be registered with the Apprenticeship Adviser. But by non-registration of the contract, the position of the apprentice is not changed to that of a workman. It is more than clear from the scheme of the Act, the apprentice is recruited for the purpose of training as defined in Section 2(aa) of the Apprentices Act, 1961, that an apprentice is a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship and the apprenticeship training has been defined under Section 2(aaa). That clearly speaks that an apprentice is to undergo apprenticeship training in any industry or establishment under the employer in pursuance of the contract and in terms of the conditions pertaining to that particular trade. Section 6 lays down that what shall be the period of training and Section 7 very clearly shows that the contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. Therefore, it is more than clear that the nature and character of the apprentice is that of a trainee only and on the expiry of the training there is no corresponding obligation on the part of the employer to employ him which is also very clear from the provisions of Section 7 that the apprenticeship training shall terminate on the expiry of the period of training. It further makes clear that by virtue of Section 18 that the apprentice trainees are not workers. It clearly lays down that if an apprentice trainee is undergoing apprenticeship training in a designated trade in an establishment, he shall be a trainee and not a worker. It further contemplates that the provisions of labour laws shall not apply in relation to such apprentice. In this connection reference to definition of workman given in Section 2(r) also emphasis that it will not include apprentice. Section 20 also lays down that how a dispute arising under this Apprentices Act, 1961 can be settled. The authority for resolving such a dispute has been given to the Apprenticeship Adviser. Therefore, any dispute which arises with the apprentice and the employer then remedy has been provided under this Act and not by way of resorting to the Labour Court. Therefore, throughout the Act stress has been laid that the apprentices are never being treated as workers. Simply because the contract has not been registered with the Apprenticeship Adviser, that will not change the nature and character of the apprentices. It is true that sub- section (4) of Section 4 lays down that the contract of apprenticeship should be registered with the Apprenticeship Adviser so that the Apprenticeship Adviser can monitor and keep a record thereof. Just because the contract of apprenticeship is not registered that will not render the contract as invalid resulting in change of status of an apprentice to that of a workman. Section 21 further lays down that after the completion of the training of the apprentice, an incumbent will have to appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has undergone his apprenticeship training. Therefore, had there been an intention of the Legislature to confer them the status of a workman then all the provisions would not have been warranted at all. Section 22 makes it abundantly clear that at the end of the apprenticeship training, it is not obligatory on the part of the employer to offer an employment to an apprentice who has completed the period of apprenticeship . It is only if the terms of the contract of the apprenticeship lays down a condition that on successful completion of an apprenticeship training, an employer will offer him an employment then it is obligatory on the part of the employer to do so. If there is no such condition stipulated in the apprenticeship contract then the employer cannot be compelled to offer employment to such apprentice. At the same time, it is not obligatory on the part of apprentice to serve that employer if there is no such stipulation to this effect. So it is mutual thing & it depends on the terms of contract. The survey of all these provisions of the Acts and the Rules as mentioned above, makes it clear that the character & status of apprentice remains the same & he does not become workman and labour laws are not attracted.

In this connection reference may be made to a decision of the Rajasthan High Court in the case of Hanuman Prasad Choudhary and Etc. vs. Rajasthan State Electricity Board, Jaipur 1986 LAB I.C. 1014 wherein Justice S.C. Agrawal (as he then was) observed thus:-

"An apprentice governed by the Apprentices Act is not a workman for the purpose of the Industrial Disputes Act and the provisions of the Industrial Disputes Act would not be applicable to him.
There is apparent conflict between the provisions of S.2(s) Industrial Disputes Act and S.18 of the Apprentices Act inasmuch as S.2(s) postulates that an apprentice is a workman to whom the provisions of Industrial Disputes Act would be applicable whereas S.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 would not be applicable to him. The conflict between the two laws can be resolved by applying the principle of harmonious construction. 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 S.2(aa) of the Apprentices Act, it is applicable only to persons who are undergoing apprenticeship training in pursuance of the contract of Apprentices executed under S.4 of the said Act. It is possible to visualise persons who may be engaged as apprentices but who are not covered by the Apprentices Act. In that view of the matter, it can be said that for the purpose of S.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 S.2(s) of he Industrial Disputes Act and would not be governed by the provisions of the Industrial Disputes Act.

Civil Appeal No.9233/2003.

Respondent-Avnindra Kumar Sharma was engaged in the establishment of the appellants on 27.7.1991 due to death of his brother on 11.10.1984 on humanitarian ground. It is alleged that he was engaged as a apprentice under the apprentices Act, 1961 on the post of Switch Board Attendant without completing the formalities. He was engaged as apprentice by the Engineer at 220 Grim Union, UPSEB, U.P., Kanpur. Then his services were transferred to J.E., 132, K.V.Asainee, Dibiyapur, District. Etawa. He was paid at the rate of Rs.330/- per month initially. Thereafter, it was increased to Rs.380/- per month. It is alleged that instead of accepting his demand for enhancement of salary, the services were suddenly terminated on 27.7.1993. The case of the Management is that neither he was appointed as a workman nor his services were ever terminated and there was no necessity of complying with the provisions of Section 6N of the U.P. Industrial Disputes Act, 1947. It was contended that the respondent applied to the Principal and Assistant Apprenticeship Adviser, Industrial Training Institute, Kanpur and his name was forwarded. Thereafter, he was engaged for training for a specified period of two years. The respondent filed a rejoinder and pointed out that neither any contract for apprenticeship was registered with him nor any registration number was allotted to him. The case of the respondent was that he was engaged as a dependent of the deceased employee on a condition that after training he will be made regular. He has already received a compensation for the death of his brother. It is stated that at the time of termination he was getting Rs.380/- per month whereas under the Apprentices Act, 1961 he would have got Rs.700/-. The Management examined one Shri R.P.Gupta, J.E., Dibiyapur under whom he was working and he has stated that the respondent was paid at the apprentice rate. The Management also examined one Shri Mohammuddin Ansari, Head Clerk (Construction Division). He has deposed that respondent has not given any application as dependent of the deceased employee and he also pointed out that as per Ext.E/2 the rules for employment to the dependent of the deceased employee there is no provision to provide employment to the brother of a deceased and he deposed that the name of the respondent was referred by the Apprenticeship Adviser according to Ext.E/3 and respondent was selected as a Switch Board Attendant apprentice. However, he pleaded that he cannot say that any registration form was filled by the respondent or not. Management also examined Shri S.R.Chowdhary, Sub- Divisional Officer, Etawa and he has deposed that the respondent was working as a trainee under him and he admitted that he worked from 1.12.1991 to 27.7.1993.l But the case of the respondent was that he was employed as a brother of deceased employee, but that cannot be sustained because there was no provision for giving employment to the brother of the deceased employee of the Board and the Labour Court also found that 26 names were sent by the Principal and Assistant Apprenticeship Adviser. Respondent's name appeared in that list and it was stated that respondent has been selected for training as provided under the Apprentices Act but neither any contract was executed nor the same was registered. Therefore, in this context the Labour Court came to the conclusion that though he was recruited under the Apprentices Act, 1961 but no contract was executed nor was it registered. The fact of the matter is that the incumbent was recruited and appointed as apprentice Switch Board Attendant, therefore, his recruitment for all purposes will be deemed to be under the Apprentices Act, 1961. The case put up by the respondent that he was employed on the basis of being the brother of the deceased employee of the Board has not been found established by the Labour Court and rightly so because there is no provision for appointment of a brother of the deceased as a dependent under the Rules. Therefore, his case failed on that ground. From the above facts it also transpires that his name was sent by the Principal and Assistant Apprenticeship Adviser for registering him as a trainee and he has worked as a Switch Board Attendant for a period of two years that is the tenure for the training and after the lapse of the training his services were terminated. In these circumstances, the view taken by the Labour Court cannot be sustained and the respondent cannot be treated as a workman so as to be covered by Section 6N of the U.P. Industrial Disputes Act, 1947. This award has been upheld by the High Court on a writ petition filed by the Management challenging the award. In view of the position that emerges that the respondent was engaged under the Apprentices Act, 1961 as a Switch Board Attendant for a period of two years, as such, he cannot be treated as a workman. Therefore, the view taken by the Labour Court in the award dated 10.11.1998 in Adj. Case No.99/1998 and affirmed by the High Court in Civil Misc. Writ Petition No.13481/1999 cannot be sustained. The Civil Appeal is allowed. The order of the High Court dated 15.7.2003 as well as the award dated 10.11.1998 made by the Labour Court is set aside.

Civil Appeal No.8385/2003.

Respondent Shiv Kumar Bhatia was appointed by M/s.Kanpur Electricity Supply Administration, Kanpur on 31.3.1986 on the post of Store Keeper. The case of the respondent was that his services were wrongly terminated by order dated 31.3.1987 which was not legal. Therefore, he raised an industrial dispute and the matter was referred to the Labour Court and Labour Court found that the Board has not produced any evidence except the application vide 13-B on behalf of the Management wherein it is stated that the contract was entered in to between one S.K.Bhatia and the Management under the provisions of the Apprentices Act, 1961. Though opportunities were given to the I.T.I. Kanpur for producing the contract but they did not file the contract alleged to have been entered in to between workman and the Management. It was alleged that the application was neither registered nor any certificate issued to him after examination of the National Council and it was alleged that the Management took the work from the respondent as a permanent employee. But they illegally terminated the services on 31.3.1987. Though the Labour Court has held that the respondent remained an apprentice although he was a workman under the U.P. Industrial Disputes Act, 1947 which establishes a relationship of a master and servant between them and that the Management terminated his services without complying with the provisions of Section 6N, therefore, it concluded that the order of termination/ retrenchment is bad. The Management's stand was that he was an apprentice trainee from 31.3.1986 to 30.3.1987 and he cannot be treated as a workman and they led evidence of Shri K.L.Mehrotra who submitted that the incumbent was an apprentice trainee which is apparent from his own application and a contract was entered in to between concerned workman and the Management. Shri Mehrotra stated that contract was got signed for the work of apprentice but the same is not available in the official record. The learned Labour Court on these facts inferred that formalities required under the Apprentices Act, 1961 were not complied with and therefore, the incumbent shall be treated as a workman and accordingly granted relief. Once it is accepted by the Labour Court that the incumbent was recruited under the Apprentices Act, 1961 though the formalities might not have been completed/ produced but the fact remains that it is the finding of the Labour Court that the incumbent was appointed under the Apprentices Act, 1961, which is apparent from the period that is 31.3.1986 to 31.3.1987 ( one year) which is a normal period for training for apprentice Store Keeper and after the end of this period respondent was not allowed to continue. It is apparent that he worked for a period of one year and the Management has produced his application that he was apprentice trainee but just because they could not produce the contract that will not change the character of the appointment of the incumbent. The Labour Court has observed, "since the Management has not complied with the formalities required under the Apprentices Act, 1961 therefore, the concerned workman is not an apprentice". This pre-supposes that the Labour Court accepted the incumbent as apprentice under the Apprentices Act though the necessary formalities might not have been completed that would not change the character of the incumbent from the apprentice to workman. The character of the incumbent as an apprentice trainee cannot be changed as he owes his existence under the Apprentices Act, 1961 and after the tenure of one year his services were bound to come to an end and he cannot convert this character of a trainee to an employee of the Management. Apart from this, the services were terminated way back March 1987 and the dispute was raised in 1994. Therefore, the view taken by the Labour Court of treating the respondent apprentice/ trainee to that of a workman cannot be sustained, likewise the order of the High Court dated 15.7.2003 in Civil Misc. Writ Petition No.19422/1999 whereby this order of the Labour Court has been affirmed by the High Court. Accordingly, we allow this appeal, set aside the order of the High Court dated 15.7.2003 as well as the award dated 13.5.1998 made by the Labour Court. No order as to costs.