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Ram Gopal Dwivedi v. M/s Kanpur Electricity Supply Co. Ltd.

Civil Appeal · 2017 INSC 665Decided 25 Jul 2017
Civil Appeal No. 8125 of 2009
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The appellant (along with a co-appellant in a connected appeal, Raj Govind Singh) had been engaged by the Kanpur Electricity Supply Company as trade apprentices (Boiler Attendant/Cable Jointer) under the Apprentices Act, 1961, for a fixed three-year training period. When their services were terminated upon completion of training, the Labour Court held the terminations illegal and ordered reinstatement with 50% back wages, but the Allahabad High Court set aside those awards, relying on the Supreme Court's earlier decision in U.P. State Electricity Board v. Shiv Mohan Singh.

Decision Breakdown

The Supreme Court found the facts of this case virtually identical to Shiv Mohan Singh's case, in both, the workers were apprentices in the same trades under the same employer's apprenticeship scheme, and held that an apprentice engaged under a registered contract of apprenticeship under the Apprentices Act is not a "workman" entitled to the protections of industrial law (such as Section 25-F of the Industrial Disputes Act) once the fixed training period lawfully ends. The Court therefore agreed with the High Court's reliance on binding precedent and dismissed both appeals, upholding the termination of the apprentices as legal.

Lesson Learnt

Being engaged as a formal "apprentice" under a statutory apprenticeship scheme is legally different from being a regular employee: an apprentice generally cannot claim reinstatement or back wages as a "workman" when their fixed training period comes to an end.

Official source (sci.gov.in)View Judgment (PDF)

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