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Showing contexts for: apprentice stipend in Bhavnagar Municipal Corporation vs Ghanshyamsinh Harishchandra Jadeja on 7 March, 2017Matching Fragments
8.1 If one looks at law on the subject of apprenticeship, the Hon'ble Supreme Court in case of National Small Industries Corporation Limited Vs.V.Lakshminarayanan, reported in (2007) 1 SCC 214 considered the applicability of Sections 2 (s) and 2(oo)(bb) of the I.D. Act to hold that Section 18 of the Apprentice Act, 1961 provides that apprentices are not workers and provisions of law with effect to labour shall not apply to or in relation to apprentice's claim. The court held that the High court could have justifiably embark upon the exercise as to whether the respondent was in fact a trainee under the Apprentice Act or workman within the meaning of Section 2 (s) of the I.D.Act. In absence of anything on record to indicate that the respondent's services had been ever regularized or that he was brought on the roll of permanent establishment, the Apex Court held that the respondent's case is covered under the provisions of Section 18 of the Apprentices Act, 1961 and both, the labour court and the High Court erred in proceedings on the basis that he was a workman to whom the provision of I.D.Act would apply. 8.2 In the case of Haryana Power Generation Corporation Ltd vs. Harkesh Chand and others reported in (2013) 2 SCC 29 the question was the period of trainee/ HC-NIC Page 5 of 8 Created On Mon Aug 14 06:10:51 IST 2017 C/SCA/27443/2007 JUDGMENT apprenticeship can be counted towards regular service while considering Assured Career Progression Scale and it was held that ordinarily the period spent in apprenticeship training is not countable towards regular service. The court held that the nature and character of the apprentice is that of a training and by virtue of the contract entered into, he is to serve on a fixed period, on fixed stipend and that would not change the character of apprentice to that of a workman and apprentice does not have a statutory right to claim an appointment and the employer is not under the statutory obligation to give him an employment. However, on successful completion of apprenticeship, an employer would offer him an employment, if laid down in condition of contract. In absence of such a condition, there is no obligation upon the employer to offer such person an employment. The letter, which has been issued in favour of the respondent dated 24.02.1988, indicates that after the completion of the period on apprenticeship, there was no right to be employed or to get the permanent employment with municipal corporation.