apprentices. Graduate apprentices for
a period of two years and Trade apprentices for the duration
of 3 years. The graduate apprentices receive stipend ... apprentices, namely, graduate apprentices for a
period of two years and trade apprentices for the duration
of three years. The graduate apprentices receive stipend
stipends were
given to the apprentices and it is seen from the above documents that apprentice
were doing apprentice work in the petitioner / respondent ... finding in respect of E.S.I Contribution for apprentice
stipend for the period between 01.10.1985 to 30.09.1986 to the tune
deals with the Obligations of apprentices
which reads as under:
"12. Obligations of apprentices (1) Every
apprentice undergoing apprenticeship training
shall have the following ... equivalent to his three months last drawn
stipend.
Rule 11 deals with payment of stipend to
apprentices.
Rule 12 deals with the hours of work
third year: Rs. 120 p.m.
General: In addition to stipend, the apprentices will be eligible for free hostel accommodation, water charges, electricity and medical ... receiving training under the Apprentices Act, 1961 .
Apprentice in an industrial establishment are of two distinct classes, i.e.,
(i) apprentices who are learners
Corporation it had no authority to appoint persons as apprentices, as the Apprentices Act, 1961 is not applicable to the appointment of the petitioners ... petitioners in that fresh appointments were only made as apprentices on fixed stipend judging the worth of each candidate and such appointment does
said order also informed that he would be paid
stipend in accordance with the Apprentice Act . The said
order supports the case ... give them any employment whatsoever. The position of the
apprentice remains as an apprentice/a trainee and during the period of training
they will
said order also informed that he would be paid
stipend in accordance with the Apprentice Act . The said
order supports the case ... give them any employment whatsoever. The position of the
apprentice remains as an apprentice/a trainee and during the period of training
they will
exhaustive and an apprentice engaged by an
establishment not being an apprentice engaged under
the Apprentices Act, 1961 or an apprentice appointed
under the standing ... specific contention of
establishment that these amounts are paid as stipend
to apprentice or trainees and hence they do not come
under the purview
apprentices and PW1 is taking classes for the abovesaid apprentices. It is also evident from the evidence of PW2 that the apprentices were given training ... asking for payment of contribution towards the amount spent as stipend for the apprentices. In view of the said position, the impugned order passed
only of an apprentice governed by the
Apprentices Act but also of apprentices in
general and a paid apprentice is not an employee
under ... such apprentices.
Therefore, on a reading of all the
provisions together what it
transpires is that apprentices will
be treated as apprentice and he will
