The Assistant Regional Director vs Sri Ganapathy Mills Company Limited on 25 January, 2006
8. The learned Counsel appearing for the appellant relying on the decision
in Premier Polytronics Limited, Vs. Assistant Regional Director, Employees'
State Insurance Corporation reported in 2001-I-LLJ (page 187) and contended that
the apprentices, as defined under Section 2(a) of the Apprentices Act, 1961, are
not employees, against whom the employer, the E.S.I.Act will not be applicable.
In the said case, a notice under Section 45(A) of E.S.I.Act, 1948 dated 6th May
1986, was directed against the appellant in the said case and the Inspector of
the E.S.I.Corporation visited the factory and found that employees who were
designated as apprentices were not trainees or apprentices. Hence, the order
under Section 45(A) of the Act, was issued. In the reply to the notice, the
employer had contended that there was a full-fledged scheme of apprenticeship in
their factory with duly certified standing orders and regular classes were also
conducted for one day in a week to the apprentices and for the rest of the week,
they were being given job training. After ascertaining the actual state of
affairs and based on the facts, it was concluded that the employees were
actually given production work and they were not merely trainees. The E.S.I.
Court had also taken into account other facts as well as the fact that as
against the strength of the permanent employees of 25, the employer had
represented that there were 87 apprentices and in that case, there was no
reasonable materials placed to show that the employees were not apprentices.
So, on that ground the findings of the learned E.S.I.Court was set aside.