apprentice under the
Scheme vis-a-vis the Apprentices Act, 1961 .
The expression 'Apprentice' has been
included in the definition of 'workman ... thus :
"(a) every apprentice undergoing
apprenticeship training in a designated trade
in an establishment shall be a trainee and
not a worker
apprentice and therefore an apprentice is covered and comes within the definition of workman. This aspect has been considered by the Apex Court in a ... a termination simpliciter purporting to have been made in pursuance of a clause of the above nature cannot be termed as a termination under a
because an apprentice continues to be a learner until he is absorbed as a regular workman. That an apprentice is not an employee but a ... discipline do not convert the apprentice into a regular employee under the employer. Such a person remains a learner and is not an employee
workman. But when any person raised a contention that his status has been changed from apprentice to a workman, he must plead and prove ... conduct of the parties, such a change has been brought about, an apprentice cannot be held to be a workman. Reliance was made to paragraph
Industrial Disputes Act, a person who is designated as apprentice, but is not governed by the Apprentices Act would be a workman governed ... just above the apprentice and temporary workmen is above the casual workman and probationer is above the temporary workman and permanent workmen
defines a workman to mean any person who is a Railway servant (excluding certain categories), crew of a ship or aircraft, a person employed ... other labour laws to apprentices. By a notification issued under Section 1(4)(a) of The Apprentices Act, 1961, the Central Government notified the industry
Apprentices Act, 1961 . The Apprentices Act is a code in itself and it clearly stipulates that in Section 2(aa) apprentice means a person ... this Act,--
(a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker
apprentice and therefore an apprentice is covered and comes within the definition of workman. This aspect has been considered by the Apex Court in a ... a termination simpliciter purporting to have been made in pursuance of a clause of the above nature cannot be termed as a termination under a
Industrial Disputes Act, a person who is designated
as apprentice, but is not governed by the Apprentices Act would be a workman
governed ... just above the apprentice and temporary workmen is above the
casual workman and probationer is above the temporary workman and permanent
workmen
Labour Court that
the petitioner was only a apprentice and not a workman was unsustainable
on the facts of the case. The counsel submitted that ... whether the workman was in effect a
“trainee” under the Apprentices Act, 1961 , or a “workman” within the
meaning of Section
