Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Apprentices Act, 1961

Wednesday, January 16, 2013
Apprentices Act, 1961

Apprentices Act, 1961 — Section 18 — Held, section 18 clearly states that apprentices are trainees and not workers.

 
Apprentices Act, 1961

Apprentices Act, 1961 — Sections 2(aa) and 2(aaa) — Word “apprentice” and “apprenticeship training” — Meaning of — Held, Section 2(aa) defines “apprentice” which means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship — Further held, Section 2(aaa) defines “apprenticeship training” which means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices.

 
Apprentices Act, 1961

Apprentices Act, 1961 — Sections 6, 7 and 18 — Held, the nature and character of the apprentice is that of a trainee only and on the expiry of the training, there is no corresponding obligation on the part of the employer to employ him.

 
Apprentices Act, 1961

Apprentices Act, 1961 — Section 4(4) r/w Sections 6, 7 and 18 — Non-registration of contract — Effect — The nature and character of the apprentice is nothing but that of a trainee and he is supposed to enter into a contract and by virtue of that contract, he is to serve for a fixed period on a fixed stipend and that does not change the character of the apprentice to that of a workman under the employer where he is undergoing the apprenticeship training — Such a contract should be registered with Apprenticeship Advisor — But by non-registration of the contract, the position of the apprentice is not changed to that of a workman.

 
Apprentices Act, 1961

Apprentices Act, 1961 — Sections 6, 7 and 18 r/w Section 20 — Apprentices are trainees and not workmen and if any dispute arises, then the settlement has to be made by the Apprenticeship Advisor as per Section 20 of the Apprentices Act, 1961 and his decision thereof is final.

 
Apprentices Act, 1961

Apprentices Act, 1961 — Section 22 r/w Sections 6, 7 and 18 — Right of an apprentice to claim appointment — Held, an apprentice does not have a statutory right to claim an appointment and the employer is not under any statutory obligation to give him employment — However, if the terms of the contract of apprenticeship lay down a condition that on successful completion of apprenticeship an employer would offer him an employment, then it is obligatory on his part to do so — In the absence of such a condition, there is no obligation — It depends on the terms of the contract — In the case at hand, as the letter of appointment would show, the employer had only stated that on successful completion of the training, the apprentice may be appointed as Plant Attendant/Technician Grade-II — Thus, it was not a mandatory term incorporated in the agreement casting an obligation on the employer to appoint him — Judgments rendered by the learned single Judge as well as by the Division Bench whereunder the respondents were held entitled for grant of Assured Career Progression Scale (“the ACP Scale”) on completion of ten years of service which included training as apprentice are unsustainable and are, accordingly, set aside — Appeal allowed.

 
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