U.P. STATE ELECTRICITY BOARD versus SHRI SHIV MOHAN SINGH AND ANR.

U.P. STATE ELECTRICITY BOARD versus SHRI SHIV MOHAN SINGH AND ANR.

Non-registration of apprenticeship contracts under the Apprentices Act, 1961 does not render the contract invalid nor change the status of apprentice trainee to workman. The Act is a special statute intended for training, not for conferring regular employment or status as workman; obligations of the employer are limited to training and payment of stipend. The word 'shall' in Section 4(4) is to be interpreted as directory based on legislative purpose and absence of penalty for breach. Apprentices under this Act are excluded from the purview of labour laws and cannot claim protections or status of workman under Industrial Disputes Act, 1947 or U.P. Industrial Disputes Act, 1947.

Parties
Appellant: U.P. State Electricity Board; Respondent: Shri Shiv Mohan Singh; Respondent: Another
Jurisdiction
India
Judgment Date
01 October 2004
Procedural Posture
Appeals / Decision on Merits
Outcome
Appeals allowed; appeals of employers allowed, appeals of apprentices dismissed
Legal Topics
Apprenticeship, Employer Employee Relationship, Industrial Disputes, Interpretation of 'shall' in Statute, Effect of Non Registration of Contract
Labour Law Statutory Interpretation Apprenticeship Employer Employee Relationship Industrial Disputes Interpretation of 'shall' in Statute Effect of Non Registration of Contract

Case Brief

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Parties

U.P. State Electricity Board

Appellant

Shri Shiv Mohan Singh

Respondent

Another

Respondent

Procedural Posture

Appeals / Decision on Merits

Legal Issues

  1. 1 Whether non-registration of a contract of apprenticeship under Apprentices Act, 1961 changes the status of apprentice to workman
  2. 2 Whether apprentices are covered by labour laws such as Industrial Disputes Act, 1947 and U.P. Industrial Disputes Act, 1947
  3. 3 Nature and character of an apprentice trainee under Apprentices Act, 1961

Ratio Decidendi

Non-registration of apprenticeship contracts under the Apprentices Act, 1961 does not render the contract invalid nor change the status of apprentice trainee to workman. The Act is a special statute intended for training, not for conferring regular employment or status as workman; obligations of the employer are limited to training and payment of stipend. The word 'shall' in Section 4(4) is to be interpreted as directory based on legislative purpose and absence of penalty for breach. Apprentices under this Act are excluded from the purview of labour laws and cannot claim protections or status of workman under Industrial Disputes Act, 1947 or U.P. Industrial Disputes Act, 1947.

Court Disposition

Appeals allowed; appeals of employers allowed, appeals of apprentices dismissed

Orders

  • Non-registration of apprenticeship contract does not change status to workman
  • Labour laws do not apply to apprentices under Apprentices Act, 1961