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(aa) "apprentice" means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship (as the words "in a designated trade" which appear in the original definition are omitted vide the Apprenticeship (Amendment) Act of 1973.

Mr. Mohit Shah also refers to Section 4 of the Act which provides for contract of Apprenticeship. The amended Section 4 of the Act reads as under:

Contract of Apprenticeship:
(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian, has entered into a contract of apprenticeship with the employer.

10. From the close scrutiny of the aforesaid provisions of the Act following questions would arise which are required to be answered and appreciated in these petitions:

(i) Does the Apprenticeship Act apply to the respondent-Corporation, and the contract of Apprenticeship entered into between the respondent-Corporation and the present petitioners?
(ii) If the answer to the above is in the negative, is it open to the respondent-Corporation as employer to employ the services of the petitioners as apprentices-or to enter into contract of apprenticeship with the petitioners?
(iii) Whether in the absence of any specific prohibition in the Apprenticeship Act against entering into contract of apprenticeship, are the parties free to enter into contract of apprenticeship?
(iv) On true and proper construction of contract of apprenticeship, is any relationship of "master-servant" created between the petitioners and the respondent No. 1-Corporation.
(v) Presuming that the relationship of "master-servant" was created, was that relationship flowing from the contract confined to specific period at the expiry of which contract would come to an end? and
(vi) Was the contract of Apprenticeship camouflage or subterfuge to deny the opportunity of being regularly employed in the service of respondent No. 1-Corporation?

Applicability of Apprenticeship Act:

11. In order to determine as to whether the Act applies to the contract of Apprenticeship in these petitions or to the petitioner and the respondent No. 1-Corporation, it shall have to be stated that no notification is issued by the Central Govt. with respect to the respondent No. 1-Corporation expressly making the provisions of the said Act applicable to any area or any industry in any area to which the provisions of the Act are made applicable. The respondent No. 1-Corporation is also not notified by the Central Govt. after consultation with the Central Apprenticeship Council as "designated trade". Mr. Shah learned Advocate for respondent No. 1-Corporation has fairly stated that no notification of "designated trade" with respect to respondent No. 1-Corporation is issued by the Central Govt. Therefore, in the absence of any notification of designated trade and any notification under Section 1(4) it shall have to be accepted that the provisions of the Act are not made applicable to the respondent-Corporation or to the industry. Ordinarily, therefore, there would be no scope for making any reference or placing any reliance on the provisions of the Act. However, learned Advocate for respondent No. 1-Corporation laid stress on the amended definition of "apprentice" as given in Section 2(aa) to mean "a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship". He further submits that the words "any designed trade" which were originally introduced in the definition of the word "apprentice" arc omitted by the Amending Act of 1974 and such omission in his submission was deliberate and purposive so as to leave scops of applicability of the provisions and or spirit of the Act to contract of apprenticeship that can be entered into between the parties irrespective of the applicability of the provisions of the said Act. Therefore, it shall have to be decided as to whether the respondent-Corporation can take shelter of the provisions of this Act despite the fact that the Act is not expressly made applicable to the respondent No. 1-Corporation.