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38. I may also refer to the judgment of the Supreme Court in Mukesh K. Tripathi Vs. Senior Divisional Manager, LIC & Others, 2004 (8) SCC 387, wherein the Supreme Court held that:

"27. The expression "apprentice" has been included in the definition of "workman" contained in Section 2(s) of the Industrial Disputes Act, 1947 but by reason of a subsequent parliamentary legislation, namely, the Apprentices Act, 1961 (the 1961 Act), the term "apprentice" has been defined in Section 2(aa) to mean "a person who is undergoing apprenticeship training in a designated trade in pursuance of a contract of apprenticeship". Section 18 of the 1961 Act provides that apprentices are trainees and not workers save as otherwise provided in the Act. Clauses (a) and (b) of Section 18 of the 1961 Act read thus:

It is not essential that the master should execute a deed of apprenticeship, but where a master had in fact executed one part of an instrument of apprenticeship, a recital in that part of the instrument that the apprentice had bound himself apprentice to the master is evidence against the master that the apprentice had executed the other part of the instrument. A corporation may take an apprentice."

30. "Apprentice", as noticed hereinbefore, is defined to mean a person who is undergoing apprenticeship training pursuant to a contract of apprenticeship. How a contract of apprenticeship would be entered into is to be found in sub-section (1) of Section 4 of the 1961 Act. The embargoes placed in this regard are: (i) entering into a contract of apprenticeship with a minor in which event the contract must be executed by his guardian; and (ii) on such terms or conditions which shall not be inconsistent with any provision of the Act or any rule framed thereunder.

31. Furthermore, the apprentice must satisfy the statutory requirements as regards qualification to be appointed as an apprentice.

32. Training of apprenticeship by reason of sub-section (2) of Section 4 shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1) thereof.

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