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october 1975

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.

EMPLOYEES' STATE INSURANCE CORPORATION AND ANR. vs TATA ENGINEERING & CO. LOCOMOTIVE CO.LTD. AND ANR. · Niyam