Case Note & Summary
The petitioners, engaged as apprentices by the Life Insurance Corporation of India (LIC) under the Apprentices Act, 1961, filed writ petitions seeking a mandamus to direct LIC to absorb them as permanent employees and a certiorari to strike down a clause in their engagement letters that stated they would have no claim for permanent employment. The Bombay High Court dismissed both petitions. The court held that the Apprentices Act, 1961 is a complete code governing apprentices, and Section 18 of the Act gives it overriding effect over other laws, including the Industrial Disputes Act, 1947. Consequently, apprentices are not workmen under the Industrial Disputes Act and have no employer-employee relationship with LIC. The engagement letters clearly stated the terms, and the petitioners accepted them without protest. The court further held that writ jurisdiction under Article 226 is not ordinarily exercisable for contractual disputes, especially when the contract itself excludes the relief sought. The court also noted that the petitioners had an alternative remedy under the Industrial Disputes Act, but even that would not avail them as they are not workmen. The petitions were dismissed with no order as to costs.
Headnote
A) Apprentices Act, 1961 - Section 18 - Overriding Effect - Apprentices Act overrides Industrial Disputes Act, 1947 - The Apprentices Act, 1961 is a complete code governing apprentices, and Section 18 provides that the Act shall have effect notwithstanding anything inconsistent in any other law. Therefore, apprentices engaged under the Act are not workmen under the Industrial Disputes Act and have no right to claim permanency. (Paras 10-12) B) Apprenticeship - Employer-Employee Relationship - No master-servant relationship - An apprentice is a trainee, not an employee. The engagement letters clearly state that the apprentice is not entitled to any claim for permanent employment. The relationship is governed by the Apprentices Act, 1961 and the contract of apprenticeship, not by industrial law. (Paras 13-15) C) Writ Jurisdiction - Contractual Disputes - Not maintainable - The petitioners sought enforcement of contractual terms of apprenticeship, which is a private law matter. The High Court under Article 226 does not ordinarily entertain disputes arising out of contracts, especially when the contract itself excludes any right to permanency. (Para 16) D) Industrial Disputes Act, 1947 - Section 2(s) - Workman - Apprentice not a workman - An apprentice engaged under the Apprentices Act is not a workman under the Industrial Disputes Act, as the primary purpose is training, not employment. Hence, provisions of the Industrial Disputes Act regarding permanency do not apply. (Paras 10-12)
Issue of Consideration
Whether apprentices engaged under the Apprentices Act, 1961 are entitled to be absorbed as permanent employees of LIC and whether the engagement letters' clause excluding permanency is valid.
Final Decision
Both writ petitions are dismissed. No order as to costs.
Law Points
- Apprentices Act
- 1961
- Section 18 overrides Industrial Disputes Act
- 1947
- Apprentice is not a workman
- No employer-employee relationship
- No right to permanency
- Writ petition not maintainable for contractual disputes.
