Case Note & Summary
The judgment concerns two writ petitions filed by apprentices challenging their termination from apprenticeship training by the Pune Municipal Corporation (PMC). The petitioners were engaged as apprentices under the Apprenticeship Act, 1961 for a period of one year. Their training was terminated prematurely by the PMC without any prior notice or hearing. The petitioners contended that the termination was arbitrary and violative of principles of natural justice, and that they were entitled to protection under the Industrial Disputes Act, 1947 and the Bombay Industrial Relations Act, 1946. The PMC argued that the Apprenticeship Act, 1961 is a complete code and does not require any notice or hearing before termination. The court analyzed the provisions of the Apprenticeship Act, 1961, particularly Sections 4, 6, 7, 16, and 22. It held that the Act is a self-contained code and excludes the application of other industrial laws. Section 6 allows termination by either party by giving one month's notice or paying one month's wages in lieu thereof. The court found that the PMC had complied with this provision by paying one month's wages. The court also noted that an apprentice is not a workman under the Industrial Disputes Act, 1947 or the Bombay Industrial Relations Act, 1946. Therefore, the termination was valid and no prior hearing was required. The court dismissed the petitions, upholding the termination.
Headnote
A) Apprenticeship - Termination of Apprenticeship - Notice and Hearing - The Apprenticeship Act, 1961 does not require any prior notice or hearing before termination of a contract of apprenticeship. The Act is a complete code and the provisions of the Industrial Disputes Act, 1947 or the Bombay Industrial Relations Act, 1946 are not applicable to apprentices. (Paras 7-10) B) Apprenticeship - Contract of Apprenticeship - Termination - Section 6 of the Apprenticeship Act, 1961 provides that a contract of apprenticeship may be terminated by either party by giving one month's notice or paying one month's wages in lieu thereof. The employer is not required to assign any reason or hold a hearing. (Paras 7-10) C) Apprenticeship - Applicability of Industrial Laws - The Apprenticeship Act, 1961 is a self-contained code and excludes the application of the Industrial Disputes Act, 1947 and the Bombay Industrial Relations Act, 1946 to apprentices. An apprentice is not a workman under those Acts. (Paras 7-10)
Issue of Consideration
Whether the termination of apprenticeship training by the Pune Municipal Corporation without prior notice or hearing is valid under the Apprenticeship Act, 1961.
Final Decision
The court dismissed the writ petitions, holding that the termination of apprenticeship training was valid under the Apprenticeship Act, 1961 and no prior notice or hearing was required.
Law Points
- Apprenticeship Act
- 1961
- Section 4
- Section 6
- Section 7
- Section 16
- Section 22
- termination of apprenticeship
- notice period
- hearing
- contract of apprenticeship
- apprentice
- employer
- Bombay Industrial Relations Act
- 1946
- Industrial Disputes Act
- 1947
