MUKESH K. TRIPATHI versus SR. DIVISIONAL MANAGER, LIC AND ORS.

MUKESH K. TRIPATHI versus SR. DIVISIONAL MANAGER, LIC AND ORS.

An Apprentice Development Officer who does not establish he performed skilled, unskilled, manual, technical or operational duties, and who remained governed by apprenticeship contract and scheme, cannot be classified as a workman under Section 2(s) of the Industrial Disputes Act, 1947; thus termination during apprenticeship without notice is valid.

Parties
Appellant: Mukesh K. Tripathi; Respondent: Sr. Divisional Manager, LIC and Ors.
Jurisdiction
India
Judgment Date
06 September 2004
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
appeals dismissed
Legal Topics
Definition of Workman, Apprenticeship, Termination of Apprentice, Industrial Disputes Act, 1947, Apprentices Act, 1961, LIC Recruitment Scheme, 1980
Labour Law Definition of Workman Apprenticeship Termination of Apprentice Industrial Disputes Act, 1947 Apprentices Act, 1961 LIC Recruitment Scheme, 1980

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Parties

Mukesh K. Tripathi

Appellant

Sr. Divisional Manager, LIC and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether an Apprentice Development Officer in LIC is a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947
  2. 2 Whether termination of an apprentice without notice contravenes Section 25F of the Industrial Disputes Act, 1947
  3. 3 Whether status change from apprentice to workman requires proof of novation or conduct

Ratio Decidendi

An Apprentice Development Officer who does not establish he performed skilled, unskilled, manual, technical or operational duties, and who remained governed by apprenticeship contract and scheme, cannot be classified as a workman under Section 2(s) of the Industrial Disputes Act, 1947; thus termination during apprenticeship without notice is valid.

Court Disposition

appeals dismissed

Orders

  • No interference with impugned judgment of Allahabad High Court.
  • No costs.