change and any person engaged
as an apprentice, not being an apprentice engaged under the
Apprentices Act, 1961 , becomes an employee. The said
judgment ... employee' under the said Act includes apprentice but excludes
apprentice engaged under the Apprentices Act, 1961 . The last
judgment relied by the petitioner
This is true
not only of an apprentice governed by the
Apprentices Act but also of apprentices in
general and a paid apprentice ... apprentices because in view of the
definition of term "apprentice" as
contained in S.2(aa) of the
Apprentices Act, it is applicable
Industrial Disputes Act 1947 are not applicable to the apprentices appointed under the Apprentices Act, 1961 . The Apprentices Act is a code in itself ... such apprentices". Therefore, reading definition of apprentice in Section 2(aa) and 2(r) read with Section 18 of the Apprentices Act leaves
committed an error of jurisdiction when it proceed to consider the Apprentice Act which had no application to the case on hand?
13. Point ... Management has submitted that this was not the case covered by Apprentice Act . Considering the clause in the order of appointment as trainee, Labour Court
apprentice who is a
workman under the said Regulations would
include a person who may not be an apprentice
under the Apprentice Act . In that ... Apprentices Act leaves
no manner of doubt that this Act which is special Act
does not cover the apprentices and it precludes the
application
Industrial Disputes Act, 1947 includes an apprentice. Thus, these apprentices being not covered under the Apprentices Act, 1961 are definitely covered under the definition ... Industrial Disputes Act relating to apprentices and an apprentice governed by the Apprentices Act cannot be regarded as a workman under Section
Act, he is a workman to whom the said Act will apply.
9. The apprentices are mere trainees who are given training in specified trade ... governed by the Apprentices Act and the I.D. Act cannot be applied to them. But if an apprentice does "any manual, unskilled, skilled
difference between Section 22(1) and 22(2) of the Apprentices Act, 1957, concluded as follows:
12. In the present case, the policy for recruitment ... normally by absorption of Commercial Apprentices on satisfactory completion of their apprenticeship under the Apprentices Act ".
19.1 The above, to some extent, indicates that
apprentices, because in view of the definition of the term, " apprentice" as
contained in S.2(aa) of the Apprentices Act ... apprentice who is a workman under the said
regulations would include a person who may not be an apprentice under the
Apprentices Act . In that
establishment or any person engaged as an apprentice, not being an
apprentice engaged under the Apprentices Act, 1961 (Act No.52 of
1961), or under ... Supreme Court, the Court below came to the conclusion
that apprentice under the Apprentice Act or under the Standing
Orders are not included within
