include apprentice, they have also defined 'apprentice' as a
learner who is being trained for a fixed period in a skilled trade ... apprentice who is undergoing apprenticeship training in a designated trade in an
establishment shall be treated to be a trainee and not a workman
Trainer. Therefore, though by nomenclature they were Apprentices, as a matter of fact, they were all workmen involved in the production activities of the first ... Apprentices and regular employees simplicitor. The Apprentices/Trainees means taking training under a trainer and not doing regular work, whereas, a regular workman
Bench of
the Supreme Court had held that a person to be qualified to be a workman must be
doing the work which fell ... contained in S. 2 (s) of the Act includes an
apprentice but a workman as defined in the Act must conform to the requirements
apprentice. After issuing
the appointment order as an apprentice, the
contract of apprentice was sent to the
Apprentices adviser. S.3 of the Apprentices ... Apprentices Act states that :
"every apprentice undergoing apprenticeship
training in a designated trade in an
establishment shall be a trainee and not a worker
workmen would be deployed at other Departments. As regards 186 casual workmen, 20 of them were agreed to be taken as apprentices for a period ... over, 34 casual workmen were also agreed to be given an opportunity to work as apprentices under the Apprentices Act , for a period
a case where a
period of apprenticeship is extended, a further written
contract carrying out such intention need not be
executed. But in a case ... become a workman. A
Civil Writ Petition No. 8896 of 1991 8
person who claims himself to be an apprentice has
certain rights and obligations
a person engaged in an industrial establishment is a
trainee or a workman is a legal question. Both "trainee" and "workman ... defines the meaning of a "workman"
which is as follows :-
"Workman means any person (including an apprentice) employed
in any industry
workman used to work in shift. He has volunteered that workman used to
work for 1 ½ hours in a day as a part time worker ... within the definition of 'Workman'. When a person
appointed as apprentice is a 'Workman', definitely the ad-hoc appointee
will also
employer and the workman concerned contains a
stipulation in that behalf; or
(bb) termination of the service of the workman as a result ... service of a workman on the ground of
continued ill-health;
2 (s) "workman" means any person (including an apprentice)
employed
a doctor employed by an
industry is not a workman as defined in the Industrial Disputes
Act . Sri J.N. Tiwari relied upon a Division ... a
workman. However, the Parliament, by Act 36 of 1956
substituted a new Section 2 (s) and the definition of the word
'workman
