Act, 1961 vis a vis the U.P. Industrial
Disputes Act, 1947 , Industrial Disputes Act, 1947 and the
Indian Boilers Act, 1923 .
The Apprentices Act ... Apprentices Act leaves no manner of doubt that this Act which
is special Act it does not cover the apprentices and it precludes
the application
ACT:
Employees State Insurance Act, 1948 - Sec. 2(9) -An
apprentice whether an employee.
HEADNOTE:
The appellant contended before the Industrial Tribunal
that the apprentices ... sets of apprentices. Graduate apprentices for
a period of two years and Trade apprentices for the duration
of 3 years. The graduate apprentices receive stipend
benefits of the said Act must also be registered.
Section 18 of the said Act says that an apprentice shall not be a worker ... appears to be self-
contradictory. An apprentice cannot both be an apprentice and a workman
under the 1947 Act.
Similarly, the observations made
appointment
of the Appellant as an apprentice under the Scheme vis-`-vis the Apprentices
Act, 1961 .
The expression 'Apprentice' has been included ... reason of a subsequent Parliamentary legislation, namely, Apprentices
Act, 1961 (the 1961 Act), the term 'apprentice' has been defined in Section
apprentice and the
corresponding obligation of the apprentice to serve the
employer arises only if and when there is a vacancy in which
the apprentice ... apprentice and the corresponding
obligation of the apprentice to serve the employer arises
only if and when there is a vacancy in which the apprentice
establishment.
(ii) Engaged as an apprentice, not being an
apprentice engaged under the
Apprentices Act, 1961 (52 of 1961) or
under the Standing Orders ... include an apprentice, but at
the same time makes an exclusion in the case of an apprentice
engaged under the Apprentices Act or under
basis.
20. Section 2(aa) of the Apprentices Act, 1961 (for short βthe 1961 Actβ)
defines βapprenticeβ which means a person who is undergoing apprenticeship ... Act, the apprentice is recruited for the
purpose of training as defined in Section 2(aa) of the Apprentices Act,
1961 and from the language
Apprentices in
Carriage & Wagon Department of N.F. Railway in Lumding
Division along with others. They were selected as Trade
Apprentices under Apprentice Act ... also
been urged that as the appellants were Trade Apprentices
under the Apprentice Act, 1961 (for short The Act ) and they
successfully completed the training
Apprentices in Carriage & Wagon
Department of N.F. Railway in Lumding Division along with
others. They were selected as Trade Apprentices under
Apprentice Act ... also
been urged that as the appellants were Trade Apprentices
under the Apprentice Act, 1961 (for short The Act ) and they
successfully completed the training
made.
If the Respondent was appointed in terms of the Apprentices Act,
1961 , he will not be a workman, as has been held by this ... apprentice has no right to be absorbed in services. It is trite that if the
provisions of the Apprentices Act applies, the provisions