Supreme Court of India · 1975-10-08
EMPLOYEES' STATE INSURANCE CORPORATION AND ANR. vs TATA ENGINEERING & CO. LOCOMOTIVE CO.LTD. AND ANR.
- Citation / case number
- SC 1969/60069
- Court
- Supreme Court of India
- Petitioner
- EMPLOYEES' STATE INSURANCE CORPORATION AND ANR.
- Respondent
- TATA ENGINEERING & CO. LOCOMOTIVE CO.LTD. AND ANR.
- Bench
- GOSWAMI, P.K.
Judgment text excerpt
The Supreme Court held that apprentices do not qualify as employees under the Employees State Insurance Act, 1948, as the term 'apprentice' is not defined in the Act and does not establish a master-servant relationship. The Court emphasized that the primary purpose of an apprenticeship is to impart training rather than to create an employment relationship, as evidenced by the provisions of the apprenticeship agreement. The Court noted that the legislature's omission to include apprentices in the definition of 'employee' under the Act reflects a deliberate intent to exclude them from such classification.