petitioner is that he was working as an apprentice with a
stipend of Rs.7000 with complainant in order to learn trading business.
However ... petitioner is that he was
working as an apprentice with a stipend of Rs.7,000/- till 2014 and thereafter,
he started his own business
retained as an apprentice on 17.07.1989 at the Varanasi Unit of the employers. He was an apprentice on a stipend of Rs.650/- per month ... considered by the Labour Court, bearing in mind the provisions of the Apprentices Act, 1961 . It found that the workman was in the employers
paid stipend by his employer, that does not mean that
there is a relationship of master and servant between the firm
and the apprentice ... parlance. In common parlance, an
apprentice is a trainee and not an
employee. Even if he is given a stipend,
that does not mean that
initial appointment of the applicant
(1st respondent herein) was as apprentice under the Apprentices
Act, 1961 and therefore, he is entitled to get gratuity ... trainee is
different from an apprentice and the 1 st respondent herein
was an employee and stipend earned by him during the
training period
engagement of the defendant no.1 as an
apprentice and the so called stipend, which was claimed to be
received by him, was specifically within ... provisions of Section 4 of the
Apprentices Act, 1971 clearly mandate, that a contract of apprentice
is mandatory to be entered into. No such contract
engagement of the defendant no.1 as an
apprentice and the so called stipend, which was claimed to be
received by him, was specifically within ... provisions of Section 4 of the
Apprentices Act, 1971 clearly mandate, that a contract of apprentice
is mandatory to be entered into. No such contract
acceptance and consequently, ESI
court held that the wages paid to the apprentices do not warrant payment of contribution.
Aggrieved by the said order ... case (cited supra), this Court held that the wages paid to
the apprentices do not warrant payment of contribution, therefore, the demand of
contribution made
graduate and he was working as Apprentice in Sakthi
Auto Component Limited and earning Rs.9,000/- as stipend per month. Relying
upon
scale Rs. 9300-34800 + GP. Rs.
4200 with one increment for Apprentice
period which has been arbitrarily denied him.
8.2 That ... applicant stipend
Rs. 9300-34800 + GP. Rs. 4200 (+ one
increment in the second year) during the
period of his service as Junior Engineer
Apprentice
direction do issue directing the respondents to pay entire
arrear of difference stipend between Rs. 5500/- and Rs.5000/- P.M for the year ... temporarily appointed as a Traffic
Apprentice with Grade Pay of Rs. 5500-9000/- (RSRP), with the Rate of
Stipend @ Rs. 5,500/- per month (Annexure
