Employment Exchpnge and open
advertisement to be issued inviting applidations.
IL Ex-Trade apprentices need not apply and ex-trade apprentices of
the factory need ... marks.
X. If marks are equal, ex-trade apprentices will be given preference.
xL• Between dx-trade apprentices, candidates senior in batch will be
preferred
shown in a designated trade and also that Section 18 of the Apprentices Act, 1961 categorically says that Apprentices are Trainees and not Workers ... Section 18(a) of the Apprentices Act, 1961 speaks of 'every apprentice undergoing apprenticeship training in a designated trade in an establishment shall
July 1987. The workman has also filed on
record Apprentice Certificate dt. 18.01.1990 Ex. WW1/17 issued by
Executive Engineer, Coal Handling ... which workman has undergone apprentice
training in the trade of fitter from 16.01.1989 to 15.01.1990. As per Ex.
WW1/16 and Ex
Express Newspapers (Private) Ltd.,And ... vs The Union Of India And Others(And ... on 8
2001
Page 5 of 47
C/SCA/15245/2012 JUDGMENT
Helper Apprentice Linemen Data Bank of the
Zone and who are fulfilling the
norms ... data bank' in any trade in the
case of apprentices and not to thenceforth consider
the apprentices for Vidyut Sahayak appointment
trade trainees in the petitioner-establishment are the working employees and they cannot be treated as trade trainees. Whereas the employer produced four agreements (Exs ... Ex.Rl, which was accepted by RW1 that employees are paid trainees and, stipend was paid to them. The agreements under Exs
order dated 26.02.1999. Said order came to be
challenged by the trade union by filing a review petition
before the appropriate Government, which ended ... intimating about the closure. Said communication has
been produced and marked as Ex. A-17. However, the
Inspector of ESI-Corporation visited the establishment
apprentice as a primary
object of "contract of apprentice". In Section 2(s) of
the ID Act, an apprentice has specifically been included ... designated trade in pursuance of a contract of
apprenticeship and Section 18 of the Apprentices Act
further provides that the apprentices are trainees
dispute are as follows:
Admittedly the management employed over 300 workers as Apprentices to the 2nd respondent in the Textile Industry. The management became ... opened, the apprentice trainees never reported for training.
4. It transpires that an industrial dispute was raised by the trade Union under Section
date of his appointment. It is also argued that workman has
done apprentice from UP Electric Board.
12. On the other hand ... been given increments under the
rules. He has even admitted that a trade test was held on 18.8.2000
, workman had appeared therein and was declared