make any distinction between different types of apprentices whether he be an apprentice under the Apprentices Act, 1961 or an apprentice being given training ... gratuity except those other than Act Apprentices.
63. The respondents were not employed as apprentice under the Apprentices Act 1961 and, therefore, their entitlement
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
trainee employee under a contract of employment is not an apprentice under the Apprentices Act unless he is undergoing apprentice training in designated trade ... contract of apprentice. The Orissa High Court had in fact considered the definition of "apprentice" under the provisions of Apprentices Act, 1961 wherein
virtue of any enactment other than this Act."
Section 2(e) of the Act excludes an apprentice, but does not exclude a trainee ... trainee employed under a contract of employment is not an apprentice, under the Apprentices Act , unless he is undergoing apprenticeship training in a designated trade
need not always be an Apprentice. An Apprentice appointed pursuant to a contract in terms of the Apprentices Act , has no right to be appointed ... seek confirmation. The appellants who are not appointed as Apprentices under the Apprentices Act, 1961 , prior to the date of confirmation by the employer, cannot
trainee employed under a contract of employment is not an apprentice under the Apprentice Act unless he is undergoing apprentice training in a designated trade ... Although Payment of Gratuity Act, 1972 specifically excludes the apprentices appointed under the Apprentices Act , it does not exclude trainees. The trainees will be covered
under a contract of employment is not an
'apprentice' under the Apprentice Act . Since Section 2 (e) of
the Act excludes only apprentice ... trainee employed under a contract of
employment is not an apprentice under the Apprentices Act ,
unless he is undergoing apprenticeship training in a
designated trade
virtue of any enactment other than this Act."
Section 2(e) of the Act excludes an apprentice, but does not exclude a trainee ... trainee employed under a contract of employment is not an apprentice, under the Apprentices Act , unless he is undergoing apprenticeship training in a disignated trade
employer submitted that respondent-employees were
engaged as full-time apprentices under Apprentices Act,
1961 and after completion of apprenticeship period they
were given regular ... same and
they were claiming that they were never apprentices
under Apprentices Act, 1961 rather they, since beginning
of their engagement, worked as regular employees
Payment of Wages Act. Accordingly, was are of opinion that the Payment of Gratuity Act applies to an establishment in which any work relating ... made to the provisions of S. 2(i) of the Apprentices Act, 1961 which reads as under :-
"(i) "establishment in public sector